LAKHAN MAHTO OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is brought, by special leave, from the judgment of the High Court of Patna, dated September, 1963, in Criminal Appeal No. 368 of 1961.

(2.) The appellant along with 13 others, was tried by the Additional Sessions Judge of Patna who by his judgment, dated April 22, 1961, convicted all the accused under Ss. 302/149, Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. Lakhan and Indo were convicted under S. 148, Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and Gopi was convicted under S. 147, Indian Penal Code and sentenced to rigorous imprisonment for one year. Indo was also convicted under S. 326, Indian Penal Code and Gopi was convicted under S. 326/109, Indian Penal Code and were sentenced to undergo rigorous imprisonment for eight years. Appellant Lakhan was convicted under Ss. 326/149, Indian Penal Code but no separate sentence was awarded on this charge. Lakhan and Indo were convicted under S. 19 (f) of the Arms Act and sentenced to undergo rigorous imprisonment for two years each. Five of the accused persons were acquitted and 8 of them were convicted on charges under Ss. 302/149, 326/149, 148 and 147. Indian Penal Code.

(3.) The appellants along with 8 others who were so convicted, appealed to the High Court of Patna which allowed the appeal of the 8 persons but dismissed the appeal of the appellants with the following modifications:The conviction of the appellants under Ss. 302/149, Indian Penal Code, S. 148, S. 147 and Ss. 326/149, Indian Penal Code was set aside and the appellants were acquitted of those charges. The conviction of Lakhan under S. 302/149, Indian Penal Code was altered into a minor offence under S. 326, Indian Penal Code, but the sentence of life imprisonment imposed upon him was maintained. The conviction and sentence of Indo under S. 326, Indian Penal Code and of Gopi under Ss. 326/109, Indian Penal Code were upheld. The conviction and sentence of Lakhan and Indo under S. 19 (f) of the Arms Act were also upheld.