BIRENDRA KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As both these appeals arise out of the same case, we have heard these appeals together and they are being disposed of by this common Judgment.

(2.) The appellants in both these appeals are aggrieved by the Judgment of conviction dated 16.3.1992 and order of sentence dated 23.3.1992 passed by the learned Sessions Judge, Godda, whereby the appellant Ranjit Kumar Sah was found guilty for the offence under Sections 148, 302 and 324 of the Indian Penal Code and was convicted for the same, whereas the other appellants have been found guilty for the offence under Section 147 and 302 of the Indian Penal Code read with Section 149 of the Indian Penal Code and they were also convicted for the same. Upon hearing on the point of sentence, the appellant Ranjit Kumar Sah was sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code, he was further sentenced to undergo rigorous imprisonment for three years for the offence under Section 324 of the IPC and R.I. for two years for the offence under Section 148 of the Indian Penal Code. The other appellants were sentenced to undergo imprisonment for life for the offence under Section 302 read with 149 of the Indian Penal code and rigorous imprisonment for two years for the offence under Section 147 of the IPC and all the sentences were directed to run concurrently. It may be stated that along with the appellants, one Janardhan Pal, had also been convicted and sentenced by the Trial Court below, but during the pendency of his criminal appeal No. 50 of 1992(P), he died and accordingly, by order dated 1.9.2016 passed by this Court, the appeal abated qua the said appellant.

(3.) The sole appellant in Criminal Appeal No. 86 of 1992 faced the trial for the offence under Sections 148, 302 and 324 of the Indian Penal code and Section 3 of the Explosive Substance Act, whereas the appellants in Criminal Appeal No. 50 of 1992 faced the trial for the offence under Sections 147 and 302 of the Indian Penal code read with Section 149 of the Indian Penal Code.