Judgement

KHANNA, J. :- Mahabir Mandal (58), Dasrath Mandal (24), Kasim Ansari (30), Mahadeo Sah (60) and Kedar Nath Upadhya (28) were tried in the court of additional Sessions Sessions Judge Monghyr. The learned Additional Sessions Judge acquitted Kedar Nath Upadhya, Mahabir and Dasrath were convicted under S. 302 with Ss. 34, 120B and 201 Indian Penal Code. For the offence under section 302 read with section 34 Indian Penal Code, each of those two accused was sentenced to undergo imprisonment for life, while for the offence under section 201 Indian Penal Code, each of them was sentenced to undergo rigorous imprisonment for a period of four years. No separate sentence was awarded for the offence under section 120B Indian Penal Code. The sentences awarded to each of the two accused were ordered to run concurrently. Mahadeo and Kasim were convicted under sections 120B and 201 Indian Penal Code. For the offence under section 201 Indian Penal Code, each of these two accused was sentenced to undergo rigorous imprisonment for a period of three years. No separate sentence was awarded for the offence under section 120B Indian Penal Code to Mahadeo and Kasim. The appeal filed by Mahabir, Da