K. P. Deo, J. - (1.) Since both the Criminal Appeals are arising out of common judgment, as such are being heard together and disposed of by this common judgment.
(2.) Heard, learned counsel for the appellants, Mrs. Abha Verma, assisted by Mr. P. K. Verma and Mrs. Bandana Sinha, Advocates and learned counsels for the State, Mr. Mukesh Kumar and Mrs. Vandana Bharti, learned Additional Public Prosecutors.
(3.) Both criminal appeals have been preferred against the common judgment of conviction dated 19.07.1996 and order of sentence dated 20.07.1996, passed by learned 1 st Additional Sessions Judge, Godda, in Sessions Case No. 123 of 1994 / 41 of 1995, whereby these appellants have been convicted for the offence committed and punishable under Section 302/34 of the Indian Penal Code, appellants, Shikhar Hansda, Khela Hansda and Totaka Hansda have further been convicted for the offence committed and punishable under Section 323 of the Indian Penal Code and appellant, Khela Hansda has also convicted separately for the offence committed and punishable under Section 307 of the Indian Penal Code. The learned trial court has awarded Imprisonment for life to all the convicts for the offence committed and punishable under Section 302/34 of the Indian Penal Code and convict, Khela Hansda, who has also been convicted for the offence committed and punishable under Section 307 I.P.C., has also been awarded imprisonment for life. Convicts, Shikhar Hansda, Khela Hansda and Totaka Hansda have further been awarded rigorous imprisonment for one year for the offence committed and punishable under Section 323 of the Indian Penal Code. All the sentences are directed to run concurrently. The appellants, being aggrieved at and dissatisfied with the impugned judgment of conviction and order of sentence have preferred two Criminal appeals. Appellant, Chhoto Hansda has preferred Criminal Appeal(DB) No.297 of 1996 whereas appellants, Shikhar Hansda, Tepo Hembram (whose appeal has abated), Khela Hansda and Totaka Hansda have preferred Criminal Appeal(DB) No.315 of 1996 before this Court.;