SAMSON MINJ Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The appellants are aggrieved by the Judgment of conviction dated 211.1995 and Order of sentence dated 23.11.1995, passed by the learned Additional Sessions Judge, Gumla, in S.T. No. 166 of 1989, whereby, these appellants have been found guilty and convicted for the offences under Sections 147, 148, 149, 323 & 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life for the offence under Sections 302 / 34 of the Indian Penal Code, and R.I for one year each for the offence under Section 323 of the Indian Penal Code. However, no separate sentence was passed for the offences under Sections 147, 148 and 149 of the Indian Penal Code, and all the sentences were directed to run concurrently.

(3.) It may be stated that in all, 32 accused persons were put to trial and during trial, five accused persons died and out of the remaining 27 accused persons, 20 accused persons were acquitted after trial and only seven accused persons were convicted and sentenced as aforesaid by the Trial Court below, who jointly preferred this appeal before this Court. During the pendency of this appeal also, one appellant, Ishaque Minj, who was appellant No.4, died and his name has been deleted from the array of the appellants by order dated 12.4.2018. As such, there are only six appellants before us, as on today.