JAGDISH BARHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of a common judgement of conviction and sentence passed by the 2nd Addl. Sessions Judge, Gopalganj, in S.T. No. 101/81 12/85. and, therefore, they have been heard together and are being disposed of by this judgement.

(2.) Seventeen persons were accused in this case. One accused Munshi Bhagat died and the remaining sixteen accused persons were put on trial for the offence under Section 302 read with Section 149 of the Indian Perial Code. Accused Chandiadeo Pandey was further charged for the offences under Sections 302 and 307 of the Indian Penal Code as also under Section 27 of the Arms Act. In Criminal Appeal No. 343 of 1987 appellants Nos. 2, 3, 4, 9 and 10 were charged for the offence under Section 148 of the Indian Penal Code and appellants Nos. 5 to 8 under Section 147 of the Indian Penal Code. In Criminal Appeal No. 200 of 1987 appellants Nos. 1 and 2 were charged for the offence under Section 148 of the Indian Penal Code and appellants Nos. 3 to 5 under Section 147 of the Indian Penal Code. In Criminal Appeal No. 340 of 1987 the sole appellant under Section 148, Indian Penal Code.

(3.) All the appellants were acquitted of the charges under Ss.147 and 148, Indian Penal Code but then all of them were convicted for the offence under Section 302/149, Indian Penal Code and sentenced to rigorus imprisonment for life. In so far as appellant Chandradeo Pandey (Cr. A. No. 343/87) is concerned, he was convicted and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and to seven years rigorous imprisonment under Section 307, Indian penal Code and, further, for three years rigorous imprisonment for the offence under Section 27 of the Arms Act. All the sentences were directed to run concurrently and no separate sentence was awarded for the offence under Section 302 read with Section 149 of the Indian Penal Code.