LAWS(PAT)-2019-6-13

LAKSHMI CHOUHAN Vs. STATE OF BIHAR

Decided On June 26, 2019
Lakshmi Chouhan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The above three Criminal Appeals have been preferred against the judgment of conviction dated 05.10.1994 and sentence order dated 06.10.1994 passed by the learned 5th Additional Sessions Judge, Purnea in Sessions Case No. 133 of 1993 whereby and whereunder the learned Additional Sessions Judge (hereinafter referred to as 'the Trial Court'), convicted Lakshmi Chouhan (appellant no. 1 in Cr. Appeal (DB) no. 577 of 1994), Omnand Chouhan@ Abhinandan Chouhan (appellant no. 2 in Cr. Appeal (DB) no. 577 of 1994), Ganesh Chauhan (sole appellant in Cr. Appeal (DB) no. 584 of 1994), Raghubir Chauhan (appellant no. 1 in Cr. Appeal (DB) no. 588 of 1994), Birj Narayan Chauhan@ Vijay Chauhan (appellant no. 2 in Cr. Appeal (DB) no. 588 of 1994) and Santu Chauhan @ Sant Kumar Chauhan (appellant no. 3 in Cr. Appeal (DB) no. 588 of 1994) all under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

(2.) It may be stated here that as all the three appeals arise out of the common judgment of conviction dated 05.10.1994 and order of sentence dated 06.10.1994 passed by the 5th Additional Sessions Judge, Purnea in Sessions Case No. 133 of 1993. As such all the three appeals were heard together and are being decided by this common judgment.

(3.) By order dated 29.04.2019 Ms. Anukriti Jaipuriyar, learned Advocate was appointed as Amicus Curiae for the appellants. We have heard the learned Amicus Curiae for the appellants and the learned Additional Public Prosecutor for the State.