ARBIND THAKUR Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) In Criminal Appeal (DB) No. 93 of 1992, originally there were 12 appellants, out of whom, six appellants have died and by order dated 19-11-2010, the said appeal stood abated as against them.

(2.) Heard learned counsel for the surviving appellants in both these appeals and learned counsel for the State, as also learned counsel for the informant.

(3.) The appellants are aggrieved by the judgment of conviction dated 25th April, 1992 and Order of sentence dated 30th April 1992, passed by the learned 2nd Addl. Sessions Judge-II, Godda, in Sessions Trial No. 311 of 1986/9 of 1991, whereby, out of thirteen accused persons, facing the trial, the accused Srikant Thakur, Kailu alias Kailash Thakur (both since dead) and Naresh Roy have been found guilty and convicted for the offences under Sections 302, 307/149, 324/149, 323/149 and 148 of the Indian Penal Code, accused Janardan Thakur has been found guilty and convicted for the offences under Sections 307, 302/149, 324/149, 323/149 and 148 of the Indian Penal Code, accused Hemlal Soren (since dead) and Manager Rai have been found guilty and convicted for the offences under Sections 324, 302/149, 307/149, 323/149 and 148 of the Indian Penal Code and the accused persons, Arbind Thakur, Bishu Rai (since dead), Govind Rai, Sitaram Rai, Kaleshwar Rai (since dead), Chamru Rai and Muni Lal Soren (since dead), have been found guilty and convicted for the offences under Sections 147, 302/149, 307/149, 324/140 and 323/149 of the Indian Penal Code. Upon hearing on the point of sentence, the accused appellants convicted for the offences under Sections 302, 302/149 and 307/149 of the Indian Penal Code, have been sentenced to undergo rigorous imprisonment for life, accused appellants convicted for the offence under Section 324 of the Indian Penal Code have been sentenced to undergo simple imprisonment for three years and the accused appellants convicted for the offence under Section 147 of the Indian Penal Code have been sentenced to undergo simple imprisonment for one year. However, no separate sentence has been passed for the offences under Sections 324/149, 323/149 and 148 of the Indian Penal Code. All the sentences were directed to run concurrently.