[Against the judgment and order of conviction dated 06.09.2018 (sen- tence passed on 26.09.2018) by Md. Taufiqul Hassan, learned Addi- tional Sessions Judge-IV^th, Dumka in S.T. No. 232/2013, S.T. No.

31/2014, S.T. No. 146/2014 and S.T. No. 16/2015]

Death Ref. No. 04 of 2018 ………..

The State of Jharkhand ... … Appellant Versus

1. Sukhlal @ Prabir Murmu @ Pravir Da @ Pravil Da @ Harendra Da @ Sanat Da @ Marang Da @ Amrit

2. Sanatan Baski @ Tala Da ... … Respondents With Criminal Appeal (DB) No. 1363 of 2018 ………..

Sanatan Baski @ Sahdeo Rai @ Tala Da ... … Appellant Versus The State of Jharkhand ... … Respondent With Criminal Appeal (DB) No. 1378 of 2018 ………..

Sukhlal Murmu @ Prabir Murmu @ Pravir @ Sukhlal @ Pravir Da @

Pravil Da @ Harendra Da @ Sanat Da @ Marang Da @ Amrit ... … Appellant Versus The State of Jharkhand ... … Respondent ………..

For the Appellants : Mr. S.K. Murtty, Adv.

(In Cr. Appeal (DB) No. 1363/2018)

Mr. Jitendra S. Singh, Adv.

(In Cr. Appeal (DB) No. 1378/2018)

For the Respondents : Mrs. Priya Shrestha, Spl. P.P.

(In Cr. Appeal (DB) No. 1378/2018)

Mr. Vineet Kr. Vashistha, Spl. P.P.

(In Cr. Appeal (DB) No. 1363/2018)

………..

P R E S E N T HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE SANJAY PRASAD ………..

C.A.V. Order R. Mukhopadhyay, J.: Heard Mr. S.K. Murtty, learned counsel appearing on behalf of the appellant in Criminal Appeal (DB) No. 1363 of 2018, Mr. Jitendra S. Singh, learned counsel appearing on behalf of the appellant in Criminal Appeal (DB) No. 1378 of 2018 and opposed by Mrs. Priya Shrestha, learned Spl. P.P. and Mr. Vineet Kr. Vashistha, learned Spl. P.P.

2. These appeals are directed against the judgment and order of conviction dated 06.09.2018 (sentence passed on 26.09.2018) by Md. Taufiqul Hassan, learned Additional Sessions Judge-IV^th, Dumka in S.T. No. 232/2013, S.T. No. 31/2014, S.T. No. 146/2014 and S.T. No. 16/2015 whereby and whereunder the appellants have been convicted for the offences u/s 148, 302/149, 302/120B/109, 396/149, 396/120B/109, 307/149, 307/120B/109, 333/149, 353/149, 427/149 of the I.P.C., Section 27(2) of the Arms Act and Section 17 of the C.L.A. Act and have been sentenced to undergo R.I for three years for the offence u/s 148 of the I.P.C. along with a fine of Rs. 3000/- each, sentenced to death for the offence u/s 302/149 of the I.P.C. along with a fine of Rs. 10,000/- each, sentenced to death for the offence u/s 302 read with Section 120(B)/109 of the I.P.C. along with a fine of Rs. 10,000/- each, sentenced to death for the offence u/s 396 read with Section 149 of the I.P.C. along with a fine of Rs. 10,000/- each, sentenced to death for the offence u/s 396 read with Section 120(B)/109 of the I.P.C. along with a fine of Rs. 10,000/- each, sentenced to undergo R.I. for life along with a fine of Rs. 5000/- each for the offence u/s 307 read with Section 149 of the I.P.C., R.I. for life along with a fine of Rs. 5000/- each for the offence u/s 307 read with Section 120(B) and Section 109 of the I.P.C., sentenced to R.I. for 10 years along with a fine of Rs. 5000/- each for the offence u/s 333 read with Section 149 of the I.P.C., R.I. for two years along with a fine of Rs. 2000/- each for the offence u/s 353 read with Section 149 of the I.P.C., R.I. for two years along with a fine of Rs. 1000/- each for the offence u/s 427 read with Section 149 of the I.P.C., R.I. for life along with a fine of Rs. 10,000/- each for the offence u/s 27 of the Arms Act and R.I. for three years along with a fine of Rs. 3000/- each for the offence u/s 17 of the C.L.A. Act.

3. The prosecution case as would appear from the First Information Report instituted by the informant Ashok Kumar is to the effect that on 02.07.2013 at about 2:28 P.M. he received an information on his mobile from Jamni Crusher Plant that firing is going on in a road surrounded by jungles. On receiving such information, a station diary entry was made and to verify the said information he set out for the place of occurrence along with NC