JUDGMENT (CAV)

A.M. Badar, J. - By these appeals, the appellants/accused in Sessions TrialNo.37 of 1994(357 of 1990) are challenging the Judgment and Order dated 24th of March, 1995 passed by the learned 2nd Additional Sessions Judge, Gaya, thereby convicting them of the offences punishable under Section 302 read with Section 34 as well as under Section 201 of the Indian Penal Code. For the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, they all are sentenced to suffer rigorous imprisonment for life whereas for the offence punishable under Section 201 of the Indian Penal Code, the appellants/accused are sentenced to suffer rigorous imprisonment for five years.

2. In all, eight accused persons were put on trial in the said Sessions Case. However, accused no.7 Arun Kumar Sharma came to be acquitted by the learned trial court. That is how, remaining seven accused persons are appellants before this Court in these appeals. For the sake of convenience, the appellants shall be referred to in their original capacity as 'accused'.

3. Facts in brief leading to the prosecution of the appellants/accused are thus:

On occasion of Durga Puja, programme of Kauwal