R.R.Prasad, J. - (1.) Cr. Appeal No. 69/97 is by A4,A7 and A8 in Sessions Case No. 288/95 on the file of Addl. Sessions Judge, Seraikella; Cr.Appeal No. 70/97 is by A2; Cr.Appeal No. 74/97 is by A6 and A5 and Cr. Appeal No. 99/97 is by A1, A3 and A9 in the said Sessions Case. The appellants in the above four appeals will be referred to as A1 to A9 in the order they were arrayed before the learned trial Judge for the sake of convenience and the following common judgment is delivered in the above appeals as they arise out of the common judgment in the said Sessions Trial.
(2.) The accused 1 to 9 were charged under Sections 396 and 412 Indian Penal Code on the allegation that they removed 10 H.P. Kilosker Motor Pump and in the course of such removal, they caused the death of Bishwanath Prasad. The trial Judge, finding Subhash Mukherjee, A1; Bhawatosh Kumar Sharma, A2 and Rabi Majhi, A3 guilty under Section 396 Indian Penal Code, sentenced each one of them to imprisonment for life while, the trial Judge found A4,A5,A6, A7,A8 and A9 guilty under Section 412 Indian Penal Code and sentenced each one of them to 10 years R.I. The above appeals are against the said conviction and sentence.
(3.) The facts are as follows: The 1st accused, Subhash Mukherjee was working as a Pump Operator at Kandra Juriya Bagicha Pump House. Rabi Manjhi, A3 was also a Pump Operator at the same place and they were working on shifts. On 11.04.95, Rabi Majhi was working as Pump operator and at 11 P.M. the 1st accused assumed duty from A3, Rabi Majhi. As Rabi Majhi could not go to his house at that odd hour he took his bed at the pump house. According to the prosecution, on 11.4.95 the 1st accused appeared before P.W.10, Ratan Lal Sinha at the police station and gave fardbeyan, Ext.3 stating that on the night of 10/11.4.95 some miscreants entered the pump house and removed the motor pump and also committed the murder of Bishwanath Prasad. The said fardbeyan, Ext. 3, was given by the 1st accused, was registered as an F.I.R, Ext. 1. The investigation was taken up by P.W.10 who conducted inquest over the body of Bishwanath Prasad by preparing inquest report, Ext.4. The body was sent to the hospital for autopsy.;