- (1.) BOTH the aforesaid appeals arose out of the judgment passed in Sessions Trial No. 110/1999 by the First Additional Sessions Judge, Deoghar.
(2.) THREE accused persons namely Kamruddin Mian, Sarfuddin Mian and Khursid Mian were charged and tried for the offences under Sections 302/34, 323/34 and 341/34 of the Indian Penal Code. On conclusion of trial Kamruddin Mian and Sarfuddin Mian were found guilty under Sections 302 and 341 I.P.C. and were sentenced to undergo R.I. for life and to pay a fine of Rs. 20,000/ - under Section 302, I.P.C. and S.I. for one month under Section 341 I.P.C. However, Khursid Mian was found guilty under Section 302 with the help of Section 34 of the Indian Penal Code and was sentenced to undergo life imprisonment. He was further convicted under Section 323 I.P.C. and Section 341 I.P.C. and was sentenced to undergo R.I. for six months under Section 323 I.P.C. and S.I. for one month under Section 341 I.P.C.
(3.) AGGRIEVED by their conviction the appellants filed two sets of appeals. Khursid Mian filed Cr. Appeal No. 37/2001, whereas Kamruddin Mian and Sarfuddin Mian filed Cr. Appeal No. 73 of 2001.;