RAMSEWAK MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Thirteen appellants in all the aforesaid five appeals were tried together and were convicted and sentenced by a common judgment of the trial court, and as such, all the aforesaid five appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) Appellant Ramsewak Mahto in Cr. Appeal (DB) No. 716 of 2013 was convicted by judgment dated 19.06.2013 for the offence under Sections 302/149, 452/149 of the Indian Penal Code, 1860 [hereinafter referred to as the 'IPC'] along with Awadhesh Mahto [appellant in Cr. Appeal (DB) No. 628 of 2013], Sadhu Das @ Mochi @ Sadhu Mochi, Mithilesh Das @ Mithilesh Mochi, Raghunandan Yadav, Jainandan Yadav and Dularchand Das @ Mochi @ Dularchand Mochi [appellants in Cr. Appeal (DB) No. 679 of 2013], Ram Narain Mahto @ Ramayan Mahto, Ramanand Mahto, Arvind Paswan and Ramanand Das @ Mochi [appellants in Cr. Appeal (DB) No. 723 of 2013], Chandeshwar Das @ Chandeshwar Mochi and Sanjeevan Paswan [appellants in Cr. Appeal (DB) No. 720 of 2013]. Chandeshwar Das @ Chandeshwar Mochi and Sanjeevan Paswan have further been convicted by the same judgment for the offence under Section 27 of the Arms Act, 1959 (hereinafter referred to as the 'Arms Act').

(3.) All the appellants under Sections 302/149 of IPC vide order dated 22.06.2013 were sentenced to undergo rigorous imprisonment for life, and to pay fine of Rs. 5,000/- (five thousand) each. In case of default in payment of fine, they have further been directed to undergo simple imprisonment for six months. All the appellants under Sections 452/149 of I.P.C. vide order dated 22.06.2013 were sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2,000/- (two thousand) each and in default of payment of fine, they have further been directed to undergo simple imprisonment for three months. Appellants Sanjeevan Paswan and Chandeshwar Das @ Chandeshwar Mochi in [Cr. Appeal (DB) No. 720 of 2013] by order dated 22.06.2013 were sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2,000/- (two thousand) under Section 27 of the Arms Act. In case of default in payment of fine, they have been directed to further undergo simple imprisonment for three years. All the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by Adhoc Additional District and Sessions Judge-2, Jehanabad (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 13 of 1993, 98 of 2009 (FTC-II) arising out of Madkhdumpur P.S. Case No. 169 of 1990.