PAHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants 1 to 5 have been arrayed as A-2, A-1, A-5 and A-3 before the Sessions Judge, Pakur. In this judgment, they will be referred as A-1 to A-5 in the same order as they were arrayed before the Sessions Judge, for the sake of convenience.

(2.) Accused 1 to 5 were charged under Sections 147, 302/ 149 and 201 of the Indian Penal Code and the allegation against them in the said charge is that they after forming an unlawful assembly, caused the death of the deceased, Nizri Paharia and thereafter burnt the body in order to screen the offence.

(3.) The learned trial Judge, finding the accused-appellants guilty, as charged, sentenced each one of them to undergo one year rigorous imprisonment for the offence under Section 147 of the Indian Penal Code, seven years for the offence under Section 201 of the Indian Penal Code and imposed life imprisonment for the offence under Sections 302/149 of the Indian Penal Code. The appeal is against the said conviction and sentence.