STATE OF JHARKHAND Vs. KAILASH SAO

JUDGEMENT

(1.) Heard learned counsels for the respective appellants and learned counsels for the State in all the aforesaid matters. As this death reference and all these appeals arise out of the common Judgment of conviction and Order of sentence, they were heard together and are being disposed of by this common Judgment.

(2.) The instant death reference and these four criminal appeals arise out of the Judgment of conviction dated 12th July 2013 and Order of sentence dated 17.7.2013 passed by the learned 4th Additional Sessions Judge-cum-Special Judge, Vigilance, Hazaribag, in S.T. No.40A of 2002, S.T. No.234 of 2004 and S.T. No.380 of 2004, whereby all the appellants have been found guilty and convicted for the offences under Sections 302, 302/149, 342/149, 436/149, 452/149 and 120B of the Indian Penal Code, whereas the appellants Kailash Sao and Chetlal Prajapati have also been found guilty and convicted for the offence under Section 27 of the Arms Act. Upon hearing on the point of sentence, the appellant Jagannath Sao and Chetlal Prajapati have been sentenced to undergo imprisonment for life, which shall not be less than thirty years excluding all the remissions, for the offence under Section 302/34 of the IPC read with Section 120-B of the IPC. Appellants Kailash Sao and Birendra Ram @ Birodhi Ram were sentenced to death, and they were directed to be hanged by neck till their death, for the offence under Sections 302/34 of the IPC read with Section 120-B of the IPC. All the appellants were also sentenced to undergo imprisonment for life under Sections 436/34 of the IPC and R.I. for seven years for the offence under Sections 452/34 of the Indian Penal code. No separate sentence was awarded under Section 342/149 of the Indian Penal Code. The appellant Kailash Sao and Chetlal Prajapati, who were also found guilty under Section 27 of the Arms Act, have been sentenced to undergo R.I. for seven years for the said offence and all the sentences were directed to run concurrently. In the facts of this case, the appellants were also directed to pay Rs.1,00,000/- as compensation and it was directed that if the amount was realized, the same be paid to the legal heirs of all the deceased in the case.

(3.) Aggrieved by the said Judgment of Conviction and Order of sentence, the appellants have preferred their respective appeals separately, whereas the death reference is made by the Trial Court below for confirmation of the death sentence imposed upon the two appellants, namely, Kailash Sao and Birendra Ram @ Birodhi Ram.