H. C. Mishra, J. - (1.) Heard learned senior counsel for the appellants in both these appeals and learned counsel or the State. As both these appeals arise out of the common Judgment of conviction and Order of sentence, they were heard together and are being disposed of by this common judgment.
(2.) These criminal appeals arise out of the Judgment of conviction dated 5th May, 2012 and Order of sentence dated 8th May, 2012, passed by the learned Additional Sessions Judge-III. Hazaribagh, in S. T. No. 188 of 2005, whereby all these appellants have been found guilty and convicted for the offences under Sections 302/149, 436/149, 452/149, 342 and 120-B of the Indian Penal Code. Upon hearing on the point of sentence, all the three appellants have been sentenced to undergo rigorous imprisonment for life and fine of Rs. 20,000/- each, for the offence under Section 302 of the IPC read with Section 149 of the IPC. No separate sentence was awarded under Sections 436/149, 452/149, 342/149 and 120-B of the Indian Penal Code. In the facts of this case, the amount of fine was directed to be given as compensation to the widow or dependents of all the deceased in this case.
(3.) This case relates to the gruesome murder of 14 persons, including the unfortunate death of a girl child aged about 1 ½ years, who died due to suffocation, when her house was burnt. The other victims were gruesomely butchered by the members of the extremists group belonging to M.C.C. party. It may be stated at the very outset that another set of accused persons were put to trial separately and by the common judgment of conviction and Order of sentence dated 16-6-2003, passed by the learned 6th Additional Sessions Judge, Hazaribagh, in S. T. Nos. 40 of 2002, 225 of 2002, 132 of 2002 and 239 of 2002, 23 of them were convicted and sentenced by the Trail Court for the same offence arising out of the same occurrence. Three of them, namely, Hiraman Sao, Hani Mian and Suresh Sao were awarded death sentence by the Trial Court. The Death Reference No. 4 of 2003 was answered in negative by a Division Bench of this Court by common judgment delivered on 21-7-2004, in the said Death Reference No. 4 of 2003 and the connecting appeals filed by the convicts, whereby sentence of death awarded to those appellants were altered into imprisonment for life. Some of those appeals were also allowed and the appellants of those appeals were acquitted by the Division Bench of this Court, in State of Jharkhand v. Hani Mian and Ors.,2004 3 EastCriC 438. Yet another set of accused persons were put to trial separately and by the common judgment of conviction dated 12th July, 2013 and Order of sentence dated 17-7-2013 passed by the learned 4th Additional Sessions Judge-cum-Special Judge, Vigilance, Hazaribag, in S. T. No. 40-A of 2002, S.T. No. 234 of 2004 and S. T. No. 380 of 2004, where four of them were convicted nd sentenced by the Trail Court for the same offence arising out of the same occurrence. Two of them, namely, Kailash Sao and Birendra Ram alias Birodhi Ram were awarded death sentence by the Trial Court. The Death Reference arising from the same, was also answered in negative by this very Division Bench by common judgment delivered on 12-10-2017, in Death Reference No. 3 of 2013 and the connecting appeals filed by the convicts in State of Jharkhand v. Kailash Sao and Ors., whereby sentence of death awarded to those appellants were altered into imprisonment for life. The imprisonment for life awarded to all the convicts was clarified to mean imprisonment for the rest of their natural life.;