KULDEEP MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the surviving appellants and the learned counsel for the State.

(2.) The appellants are aggrieved by the Judgment of conviction and Order of sentence dated 20.01992, passed by the learned 4th Additional Judicial Commissioner, Ranchi, in S.T. No. 207 of 1982/87, whereby the appellants have been found guilty and convicted for the offence under Sections 302/ 149 of the Indian Penal Code. The appellants Kuldeep Mahto and Man Raj Mahto were also found guilty and convicted for the offence under Section 148 of the Indian Penal Code, whereas the appellants Jitbahan Mahto, Asman Mahto and Lenga Mahto (alias name of Udai Nath Mahto) have been convicted also for the offence under Section 147 of the Indian Penal Code. Upon hearing on the point of sentence the appellants have been sentenced to undergo life imprisonment for the offence under Sections 302/149 of the Indian Penal Code, but no separate sentence was passed for the offences under Sections 148 and 147 of the Indian Penal Code.

(3.) At the very outset it may be stated that originally there were nine appellants in the case, but during the pendency of this appeal four appellants, namely, Jibu Mahto, Shibu Mahto, Kapil Mahto and Dukhan Mahto died, and accordingly, this appeal stood abated qua them.