ARJUN MARIK Vs. STATE OF BIHAR
LAWS(SC)-1994-3-30
SUPREME COURT OF INDIA
Decided on March 02,1994

ARJUN MARIK Appellant
VERSUS
STATE OF BIHAR Respondents





Cited Judgements :-

BALASAHEB RAMCHANDR A GHARPANKA R VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-12-81] [REFERRED TO]
HUIDROM BIRJIT SINGH ALIAS GOROBA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-1996-9-14] [REFERRED TO]
CHAKRA PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-8-247] [REFERRED TO]
MOHAMMAD JAVED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-10-235] [REFERRED TO]
THAKOR HALAJI NAGJIJI VS. STATE OF GUJARAT [LAWS(GJH)-2016-1-43] [REFERRED TO]
RAJA RAM VS. STATE [LAWS(DLH)-2013-5-366] [REFERRED TO]
LAXMAN & ANOTHER VS. STATE OF M P [LAWS(MPH)-2018-4-48] [REFERRED TO]
BALAPRASANNA SIVAKUMAR VS. INSPECTOR OF POLICE [LAWS(MAD)-2005-12-95] [REFERRED TO]
STATE OF MADHYA PRADESH VS. PATTU ALIAS PRATAP SINGH [LAWS(MPH)-2001-1-49] [REFERRED]
LALDHARI RAI VS. STATE OF BIHAR [LAWS(PAT)-2002-12-17] [REFERRED TO]
SABA CHAUDHARY, GURBACHAN CHAUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2007-2-224] [REFERRED]
DAYALA ALIAS DAYA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-57] [REFERRED TO]
HEERA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-10-22] [REFERRED TO]
JASWANT SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-1-21] [REFERRED TO]
JAFARUDHEEN VS. STATE OF KERALA [LAWS(SC)-2022-4-72] [REFERRED TO]
NABAB KHAN ALIAS NAWAB VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-1-67] [REFERRED TO]
STATE OF MADHYA PRADESH VS. JANGVALI SINGH [LAWS(MPH)-2003-5-39] [REFERRED TO]
ANANTHAN; MAHESH VS. STATE [LAWS(MAD)-2015-6-574] [REFERRED]
T. SUBBULAKSHMI VS. THE COMMISSIONER OF POLICE [LAWS(MAD)-2016-2-218] [REFERRED TO]
BALBEER SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-219] [REFERRED TO]
FAGNA S/O LALUA PARGI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-4-78] [REFERRED TO]
VINOD KUMAR & ANIL KUMAR VS. NCT OF DELHI [LAWS(DLH)-2018-8-109] [REFERRED TO]
YAMIN VS. STATE [LAWS(DLH)-2018-7-679] [REFERRED TO]
MUKESH @ MUKO @ SURESH MANGABHAI SOLANKI (KOLI) VS. STATE OF GUJARAT [LAWS(GJH)-2017-12-321] [REFERRED TO]
BASAWRAJ TUKARAM ISRAN VS. STATE OF GOA [LAWS(BOM)-2002-2-69] [REFERRED TO]
VIJAY KUMAR VS. STATE [LAWS(DLH)-1995-5-31] [REFERRED TO]
VIJAY KUMAR VS. STATE [LAWS(DLH)-1995-5-31] [REFERRED TO]
PRADEEP ALIAS SANJAY VS. STATE NCT OF DELHI [LAWS(DLH)-2011-5-115] [REFERRED TO]
RAJESH KUMAR VS. STATE OF M.P. [LAWS(CHH)-2011-7-97] [REFERRED TO]
TUCHI @ BUDHRAM @ MOHAN PANDO S/O LATE MARTU PANDO VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-11-123] [REFERRED TO]
VIMLA BAI VS. STATE OF C.G. [LAWS(CHH)-2018-1-62] [REFERRED TO]
DILLOO SINGH ALIAS DULOO RAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-7-183] [REFERRED TO]
GHARAU DAS AND ORS. VS. STATE OF C.G. [LAWS(CHH)-2019-8-135] [REFERRED TO]
KUNTI DEVI, WIFE OF LATE NUNCHANDRA TURI VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-12-115] [REFERRED TO]
ASHWANI VS. STATE [LAWS(DLH)-2018-10-44] [REFERRED TO]
GOPAL DUTT VS. STATE (NCT OF DELHI) [LAWS(DLH)-2018-4-389] [REFERRED TO]
PRINCE AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2020-1-261] [REFERRED TO]
GAGANDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-1-164] [REFERRED TO]
STATE OF RAJASTHAN VS. LALDEEN [LAWS(RAJ)-1997-8-34] [REFERRED TO]
RAM CHANDRA MONDAL AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-4-12] [REFERRED TO]
ANANTHAN AND ORS. VS. STATE [LAWS(MAD)-2015-6-250] [REFERRED TO]
EIAUN YADAV VS. STATE OF BIHAR [LAWS(PAT)-2001-7-17] [REFERRED TO]
RABINDRA MAHTO VS. STATE OF JHARKHAND [LAWS(SC)-2006-1-23] [REFERRED TO]
MAHANTESH AND ORS. VS. THE STATE OF KARNATAKA [LAWS(KAR)-2020-6-746] [REFERRED TO]
VENKATESH, S/O RACHAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2020-8-205] [REFERRED TO]
ASHOK S/O LAKSHAMAPPA HOSUR VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-31] [REFERRED TO]
BINAY KUMAR @ BINAY MOHAN LAL VS. THE STATE OF BIHAR [LAWS(PAT)-2016-7-1] [REFERRED TO]
KANNA SINGH @ KARAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-209] [REFERRED TO]
ASHA DEVI VS. STATE [LAWS(RAJ)-2019-1-72] [REFERRED TO]
KRISHNAN @ RAMASAMY VS. STATE OF TAMIL NADU [LAWS(SC)-2014-7-8] [REFERRED TO]
SAHADEVAN VS. STATE OF TAMIL NADU [LAWS(SC)-2012-5-48] [REFERRED TO]
RAMBRAKSH @ JALIM VS. STATE OF CHHATTISGARH [LAWS(SC)-2016-5-25] [REFERRED TO]
BILASH PASWAN VS. STATE OF BIHAR WITH [LAWS(PAT)-2002-3-113] [REFERRED TO]
RAJESH KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2005-10-37] [REFERRED TO]
RAJEEVAN VS. STATE OF KERALA [LAWS(SC)-2003-2-102] [REFERRED]
KAMALA KANT RAI SON OF SURAJ RAI VS. STATE OF BIHAR [LAWS(PAT)-2012-3-50] [REFERRED TO]
LAKSHMESHWAR SINGH ALIAS LAXMESHWAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2013-1-7] [REFERRED TO]
AYUB KHAN AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-440] [REFERRED TO]
STATE OF BIHAR VS. AVINASH CHANDRA SHARMA [LAWS(PAT)-2013-7-4] [REFERRED TO]
RAM BABAN RAI VS. STATE OF BIHAR [LAWS(PAT)-2015-5-44] [REFERRED TO]
STATE OF BIHAR VS. CHANDRA BHUSHAN SINGH S/O LATE SHIV BACHAN SINGH [LAWS(PAT)-2013-3-1] [REFERRED TO]
REMESH @ REMESHAN VS. STATE [LAWS(KER)-2017-11-198] [REFERRED TO]
RAMESH SINGH VS. STATE OF ORISSA [LAWS(ORI)-2014-8-42] [REFERRED TO]
UNION OF INDIA VS. SHAMEER [LAWS(KER)-2019-4-198] [REFERRED TO]
VIJAY SHAH VS. STATE (NCT OF DELHI) [LAWS(DLH)-2018-12-181] [REFERRED TO]
VIJAY @ RINKU VS. STATE [LAWS(DLH)-2018-8-48] [REFERRED TO]
RAM PRASAD YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-5-73] [REFERRED TO]
KUMBHAJ VS. STATE OF C G [LAWS(CHH)-2014-2-17] [REFERRED TO]
MOBARAK SK ALIAS MOBARAK HOSSAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-1-20] [REFERRED TO]
BUDHA AND ORS. VS. STATE [LAWS(DLH)-2015-11-197] [REFERRED TO]
RAJESH KUMAR ALIAS KALA VS. STATE [LAWS(DLH)-1995-4-12] [REFERRED TO]
BHUWAN @ SONU VS. STATE OF U P [LAWS(ALL)-2018-5-15] [REFERRED TO]
TAJEL SK. AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-3-37] [REFERRED TO]
KAILASH CHOWDHURY @ SINGH & ORS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-7-12] [REFERRED TO]
AJOY SEN ALIAS MAHANTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-12-27] [REFERRED TO]
GAMA ALIAS MD ANWAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-12-10] [REFERRED TO]
NARENDER SINGH VS. STATE [LAWS(DLH)-2013-4-231] [REFERRED TO]
State of Jharkhand VS. Madras Nayak [LAWS(JHAR)-2003-1-62] [REFERRED TO]
DIBAKAR SWAIN VS. STATE OF ODISHA [LAWS(ORI)-2022-7-1] [REFERRED TO]
PRADEEP MOHANTY VS. STATE OF ORISSA [LAWS(ORI)-2022-8-57] [REFERRED TO]
STATE OF HARYANA VS. RAM SINGH [LAWS(SC)-2002-1-120] [REFERRED 2.]
STATE OF BIHAR VS. RAMASHANKAR TIWARI [LAWS(PAT)-2000-11-15] [REFERRED TO]
BILASH PASWAN VS. BINOD PASWAN [LAWS(PAT)-2002-3-56] [DISTINGUISHED]
SOYEBBHAI YUSUFBHAI BHARANIA AND OTHERS VS. STATE OF GUJARAT [LAWS(SC)-2017-3-114] [REFERRED TO]
RISHIPAL VS. STATE OF UTTARAKHAND [LAWS(SC)-2013-1-68] [REFERRED TO]
PATHANIYA S/O BADIYA BAARELA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-4-154] [REFERRED TO]
SUBE SINGH AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-238] [REFERRED TO]
MANOHAR LAL VS. STATE OF HARYANA [LAWS(P&H)-2005-1-57] [REFERRED TO]
BIJU VS. STATE OF KERALA [LAWS(KER)-2012-9-308] [REFERRED TO]
ALAM DIN VS. STATE OF J & K. & ORS. [LAWS(J&K)-2010-5-13] [REFERRED TO]
RAJ KUMAR VS. STATE NCT OF DELHI [LAWS(DLH)-2016-5-301] [REFERRED TO]
S.S. KRISHNAMOORTHY VS. THE STATE AND ORS. [LAWS(MAD)-2016-3-57] [REFERRED TO]
RAM DULAREY VS. STATE OF U.P. [LAWS(ALL)-2019-2-287] [REFERRED TO]
RAM JEEVAN VS. STATE OF U.P. [LAWS(ALL)-2019-4-300] [REFERRED TO]
AJAY AND ORS. VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-3-114] [REFERRED TO]
DR. ANSAR AHMAD KHAN VS. STATE OF U.P. [LAWS(ALL)-2022-4-55] [REFERRED TO]
STATE VS. MOHAMMAD AFZAL [LAWS(DLH)-2003-10-19] [REFERRED]
BARKU BHAVRAO BHASKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-2-26] [REFERRED TO]
MONOJ KUMAR SRIVASTAVA VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-7-51] [REFERRED TO]
V.V.HAMZA, VS. STATE OF KERALA [LAWS(KER)-2018-10-581] [REFERRED TO]
DANISH VS. STATE [LAWS(DLH)-2018-10-45] [REFERRED TO]
HARISH VS. STATE [LAWS(DLH)-2018-7-184] [REFERRED TO]
MANNA SINGH VS. STATE [LAWS(ALL)-1995-11-38] [REFERRED TO]
SANTOSH, S/O BHAGWAT SONWANI VS. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICE [LAWS(CHH)-2017-12-32] [REFERRED TO]
AJOY PRAMANICK VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-4-57] [REFERRED TO]
MANI RAM VS. STATE OF U P [LAWS(ALL)-2003-11-37] [REFERRED TO]
MD YUNUS VS. STATE OF BIHAR [LAWS(PAT)-2011-9-106] [REFERRED TO]
RAJ KAPOOR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2003-1-18] [REFERRED]
KAREGOWDA D VS. STATE OF KARNATAKA [LAWS(KAR)-2020-7-310] [REFERRED TO]
GAJENDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-3-34] [REFERRED TO]
ANJAN KUMAR SARMA AND OTHERS VS. STATE OF ASSAM [LAWS(SC)-2017-5-57] [REFERRED TO]
INDER VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-214] [REFERRED TO]
SHARVAN KUMAR AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-252] [REFERRED TO]
NARAYANASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2020-8-178] [REFERRED TO]
SANJAY SINGH VS. STATE OF BIHAR [LAWS(PAT)-2022-7-67] [REFERRED TO]
BANANI MISHRA AND OTHERS VS. ORIENTAL INSURANCE CO LTD ANOTHER [LAWS(CAL)-2014-4-180] [REFERRED]
SIDHARATH BANSAL VS. STATE THE GOVERNMENT OF NCT [LAWS(DLH)-2013-8-111] [REFERRED TO]
DIWAN CHAND ALIAS CHHOTU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-11-78] [REFERRED TO]
BABU ROY VS. STATE OF W B [LAWS(CAL)-2008-5-5] [REFERRED TO]
AMAR SINGH VS. STATE OF U P [LAWS(ALL)-2008-9-42] [REFERRED TO]
TRILOCHAN VERMA VS. STATE [LAWS(DLH)-2013-10-176] [REFERRED TO]
MARWADI VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2011-9-72] [REFERRED TO]
UBHEY RAM @ GUDDU DEWANGAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-11-179] [REFERRED TO]
STATE OF U.P. VS. RAM SHRINGAR PANDEY [LAWS(ALL)-2019-10-272] [REFERRED TO]
NAND RAM VS. STATE [LAWS(ALL)-2018-5-566] [REFERRED TO]
GUGLOTH RENA VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2015-10-27] [REFERRED TO]
MANISH SHARMA @ PAPPAN VS. STATE NCT OF DELHI [LAWS(DLH)-2018-4-205] [REFERRED TO]
NARAYANA VS. STATE IF KERALA [LAWS(KER)-2014-8-16] [REFERRED TO]
PAPPU ALIAS RAMPRAKASH S/O RAMSEWAK BRAHMAN VS. STATE OF M P [LAWS(MPH)-2012-5-231] [REFERRED]
MANOJ KUMAR BHARTI VS. THE STATE OF BIHAR [LAWS(PAT)-2015-2-35] [REFERRED TO]
RAGHUVEER SINGH JAT AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-7-117] [REFERRED TO]
SK GAYASUDDIN ALIAS SK BHULAN VS. STATE OF BIHAR [LAWS(PAT)-2006-11-37] [REFERRED TO]
STATE OF BIHAR VS. BINOD PRASAD [LAWS(PAT)-2003-8-1] [REFERRED TO]
KISHORE BHADKE VS. STATE OF MAHARASHTRA [LAWS(SC)-2017-1-154] [REFERRED TO]
SURENDER PRASHAD VS. STATE [LAWS(DLH)-2014-1-130] [REFERRED TO]
S K D LAKSHMANAN FIREWORKS INDUSTRIES VS. K V SIVARAMA KRISHNAN [LAWS(KER)-1995-1-3] [FOLLOWED ON]
RAMZAN DHOBI VS. STATE [LAWS(J&K)-2014-10-34] [REFERRED TO]
SHYAM GAWAS VS. STATE OF GOA [LAWS(BOM)-2018-2-352] [REFERRED TO]
KEDAR SINGH KEDARI VS. STATE OF DELHI [LAWS(DLH)-1995-8-20] [REFERRED TO]
KASHMIRA SINGH VS. STATE [LAWS(DLH)-2010-1-264] [REFERRED TO]
RANJAN KUMAR SHOW VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-11-14] [REFERRED TO]
GOPAL CHANDRA DAS AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-5-7] [REFERRED TO]
GOPAL CHANDRA DAS AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-5-7] [REFERRED TO]
CHAMAN VS. STATE OF UP [LAWS(ALL)-2014-8-274] [REFERRED TO]
STATE OF JHARKHAND VS. SUSHIL MURMU [LAWS(JHAR)-2003-4-41] [REFERRED TO]
RAMSWAROOP VS. STATE OF M P [LAWS(MPH)-2005-8-82] [REFERRED TO]
Baijnath Singh VS. State of M.P. [LAWS(MPH)-2006-7-95] [REFERRED TO]
RAMAYAN SAHU @ RAMAYAN PRASAD SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-6-53] [REFERRED TO]
SHOUKKATH VS. STATE OF KERALA [LAWS(KER)-2020-5-9] [REFERRED TO]
RATIRAM GOND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-3-248] [REFERRED TO]
BUDDA GANGADHARAM VS. STATE OF A P [LAWS(APH)-2018-7-17] [REFERRED TO]
BOYA PEDDA MADDULETI VS. STATE OF A P [LAWS(APH)-2004-7-101] [REFERRED TO]
GIRISH YADAV VS. STATE OF MADHYA PRADESH [LAWS(SC)-1996-3-12] [DISTINGUISHED]
MOHD WAKIL VS. STATE [LAWS(DLH)-2018-9-128] [REFERRED TO]
STATE OF BIHAR VS. CHANDEVI RAI [LAWS(PAT)-2005-10-56] [REFERRED TO]
GUDDU SINGH AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-5-56] [REFERRED TO]
RAM PRATAP PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-4-236] [REFERRED TO]
RAJKUMAR DEWANGAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-1-154] [REFERRED TO]
RAJESH SONI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-2-197] [REFERRED TO]
ASHOK DEWANGAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2013-10-1] [REFERRED TO]
MANOJ CHOUBEY VS. STATE OF CHHATTISGARH THROUGH POLICE OUTPOST-NAILA [LAWS(CHH)-2017-11-100] [REFERRED TO]
SHAHNAWAJ @ SONU VS. STATE (NCT) OF DELHI [LAWS(DLH)-2013-9-280] [REFERRED TO]
BINOD PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2003-8-54] [REFERRED TO]
KESHARI SINGH ALIAS RAMU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1998-10-20] [REFERRED TO]
MANOJ KUMAR GAUTAM ALIAS MANOJ SINGH VS. STATE OF BIHAR [LAWS(PAT)-1999-5-14] [REFERRED TO]
AMRESH KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2002-5-25] [REFERRED TO]
NARASIMHARAO VS. STATE OF KARNATAKA [LAWS(KAR)-2020-7-213] [REFERRED TO]
FIROZ VS. STATE OF NCT OF DELHI [LAWS(DLH)-2018-4-48] [REFERRED TO]
KASIF VS. STATE NCT OF DELHI [LAWS(DLH)-2018-7-185] [REFERRED TO]
CHANDRAPAL VS. STATE OF CHHATTISGARH (EARLIER M.P.) [LAWS(SC)-2022-5-114] [REFERRED TO]
NASARU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-7-27] [REFERRED TO]
MOHD HUSAIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-5-99] [REFERRED TO]
NEERAJ SAFI VS. STATE [LAWS(DLH)-2018-10-16] [REFERRED TO]
KUNA VS. STATE OF ODISHA [LAWS(ORI)-2022-8-39] [REFERRED TO]


JUDGEMENT

- (1.)The judgment delivered in this appeal will also govern the disposal of Criminal Appeal No. 368 of 1992 which is an appeal preferred through Jail Superintendent by the same convicts against the same judgment which is under challenge in Criminal Appeal No. 367 of 1992.
(2.)Appellants 2 and 3, namely, Mulo Marik and Bansi Marik are sons of appellant I, Arjun Marik. The three appellants were charged and tried for murders of Sitaram, his wife Smt Kamakhya Devi and their granddaughter Sugwa Kumari in their house situated at Chaitanya Nath, Jajware Path, Deoghar within the jurisdiction of police station, Deoghar (State of Bihar) , in the intervening night of 19-7-1985 and 20/7/1985. It was alleged that the appellants after committing murders of three persons named above committed the robbery of the ornaments, cash and other belongings of the deceased which during the course of investigation were seized from their possession from their house on 20/7/1985. The appellants were, therefore, charged and tried under S. 302, 394 and 411 of the Penal Code. Learned Additional Sessions Judge, Deoghar convicted the three appellants under Section 302 of the Penal Code and sentenced them to death. The appellants were also convicted under S. 394 and 411 of the Indian Penal Code for which they were sentenced to suffer rigorous imprisonment for 10 years and 3 years respectively. The substantive sentences awarded under S. 394 and 411 were directed to run concurrently. After the conviction and sentence of death the learned Additional Sessions Judgemade a reference to the High court for confirmation of the death sentence. At the same time the appellants also challenged their conviction and sentence in an appeal before the High court. The criminal appeal preferred by the appellants was dismissed whereas the sentence of death awarded by the learned Additional Sessions Judge was confirmed by the High court. On special leave being granted, the three appellants named above have preferred this appeal.
(3.)The prosecution case as it emerges from a Fard-beyan, Exh. 3 made by the informant, Surnath Jha, Public Witness 6 one of the nephews of the deceased Sitaram is that deceased Sitaram and his deceased wife, Kamakhya Devi were issueless and, therefore, they had kept with them their granddaughter deceased Kumari Sugwa. The deceased Sitaram was carrying money lending business and amongst others had advanced loan to the appellant, Arjun Mank. On 19-7-1985 between 7 and 8 p. m. the appellant Arjun Marik accompanied with his two sons appellants 2 and 3, namely, Bansi Marik and Mulo Marik came to the house of Sitaram to raise further loan to purchase buffaloes. The deceased Sitaram was not agreeable to advance him further loan as he had advanced him Rs. 10,000. 00 about two months back for purchasing the buffaloes. Sitaram, therefore, insisted upon the appellant Arjun Marik to settle the old accounts first. But Arjun Marik continued to pursuade him to advance the loan on which Sitaram told him that his accounts would be settled next morning. It is said that the three appellants stayed at the house of the deceased Sitaram and the deceased Kumari Sugwa served them meals in the night. The three appellants were lodged in a room on the upper storey of the house for the overnight stay while Sitaram slept on a cot in the verandah adjacent to the said room. The deceased Kamakhya Devi, wife of Sitaram and his granddaughter, Kumari Sugwa slept in the verandah on the ground floor. Thereafter, the informant Surnath Jha, Public Witness 6 went away to his own house situated just adjacent to the house of Sitaram.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.