ANIL KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) UNDER challenge, in the present appeals, are the judgment, dated 11.06.2008, of conviction, in Sessions Trial No. 243 of 1997, by learned Additional Sessions Judge, Fast Track Court No. V, Begusarai, and the order, dated 13.06.2008, whereby various sentences have been passed against the accused -appellants.

(2.) BY the impugned judgment, the learned trial Court has convicted the accused -appellant, Anil Kumar Mahto @ Kunnan Mahto, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. The accused -appellant, Siyaram Mahto, has been, under the impugned judgment, convicted under Sections 302 read with 34 of the Indian Penal Code, Section 302 read with Section 114 of the Indian Penal Code and 341 of the Indian Penal Code. So far as the remaining three accused -appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto are concerned, they have been, under the impugned judgment, convicted under Sections 302 read with Section 34 of the Indian Penal Code, Section 302 read with 114 of the Indian Penal Code and 341 of the Indian Penal Code. For his conviction under Section 302 of the Indian Penal Code, the accused -appellant, Anil Kumar Mahto @ Kunnan Mahto, has been sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/0 and, in default of payment of fine, suffer rigorous imprisonment for six months and, for his conviction under Section 27 of the Arms Act, 1959, the accused -appellant, Anil Kumar Mahto @ Kunnan Mahto, has been further sentenced to undergo rigorous imprisonment for three years. For his conviction under Section 302 read with Section 34 of the Indian Penal Code, the accused -appellant, Siyaram Mahto, has been sentenced to undergo imprisonment of life and, pay fine of Rs. 10,000/ -, and, in default of payment of fine, suffer simple imprisonment for six months. For his conviction under Section 341 of the Indian Penal Code, the accused -appellant, Siyaram Mahto, has been sentenced to undergo simple imprisonment for one month. For his conviction under Section 302 read with Section 114 of the Indian Penal Code, no separate sentence has been passed against accused -appellant, Siyaram Mahto. For their conviction under Section 302 read with Section 34 of the Indian Penal Code, the three accused -appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto, have been sentenced to undergo imprisonment for life, and pay fine of Rs. 10,000/ - each and, in default of payment of fine, suffer simple imprisonment for six months. For their conviction under Section 341. of the Indian Penal Code, the three accused -appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto, have been further sentenced to undergo simple imprisonment for one month. For their conviction under Section 302 read with Section 114 of the Indian Penal Code, no separate sentence has been passed against accused -appellants, Birendra Mahto, Surendra Mahto and Manoj Mahto.

(3.) AT the trial, when charges, under Section 302 read with Section 34 and Section 341 of the Indian Penal Code, were framed against all the accused persons, they pleaded not guilty. As against accused Anil Mahto @ Kunnan, when a charge, under Section 27 of the Arms Act, 1959, was framed, he pleaded not guilty thereto.