BALRAM MIRDHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both the aforesaid Criminal Appeals are being heard together, as they are arising out of a common judgment and being disposed of, by this common judgment.

(2.) Heard Mr. Rajeeva Sharma, learned Senior Counsel, assisted by his Junior counsel, Ms. Nitu Singh [in Crl. Appeal (Sj) No.08 of 2004] for the appellant, Mr. Rajesh Kumar, learned counsel for the appellants [in Crl. Appeal (SJ) No.1594 of 2003] and Mr. Mukesh Kumar, learned Additional Public Prosecutor appearing for the State.

(3.) The instant Criminal appeal is directed against the Judgment of conviction dated 28.10.2003 and order of sentence dated 29.10.2003, in Sessions Case No.227 of 2002/133 of 2002, passed by the 6th Additional Sessions Judge, F.T.C. No.3, Godda, whereby the learned Judge has convicted the appellants, Balram Mirdha, Dasrath Mirdha and Pradeep Mirdha under Sections 452, 380, 366/34 of the Indian Penal Code and also found Balram Mirdha guilty for the charge under Sec. 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years and a fine of Rs. 3,000.00, in case of default in payment of fine, the convict shall undergo simple imprisonment for one year. Rigorous imprisonment for two years separately for each of offence punishable under Sections 452, 380 read with Sec. 34 of the Indian Penal Code against the appellants/accused, Pradeep Mirdha, Balram Mirdha and Dasrath Mirdha and rigorous imprisonment of five years and a fine amount of Rs. 2,000.00 for the offence punishable under Sec. 366/34 of the Indian Penal Code against Balram Mirdha, Dasrath Mirdha and Pradeep Mirdha and in case of default in payment of fine, the appellants/convicts shall undergo simple imprisonment for six months. All the sentences are directed to run concurrently. Being aggrieved with and dissatisfied by the impugned judgment of conviction and order of sentence, the appellant/convict, Balram Mirdha has preferred Criminal Appeal (SJ) No.08 of 2004 and the appellants/convicts, Pradeep Kumar Mirdha @ Pradeep Lal Mirdha and Dasrath Mirdha have preferred Criminal Appeal (SJ) No.1594 of 2003 before this Honourable Court.