MAHENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals filed in the year 1995, i.e., around 27 years ago, arise out of the same judgment and order. Hence, both these appeals were heard together and are being disposed of by a common judgment.

(2.) By order dtd. 22/6/2022, a report was called for from the Superintendent of Police, Nawadah in respect of the appellants of both the appeals, as to whether the appellants are alive or dead. The Superintendent of Police, Nawadah vide letter No.690/Law Branch dtd. 21/7/2022 has reported that appellant Mahendra Yadav of Criminal Appeal (DB) No.347 of 1995 and appellant Biru Yadav of Criminal Appeal (DB) No.348 of 1995 are alive. However, appellant Balak Yadav alias Ram Balak Yadav has already died in the year 2015 and hence Criminal Appeal (DB) No.348 of 1995 stands abated with regard to appellant Balak Yadav alias Ram Balak Yadav. Therefore, Criminal Appeal (DB) No.348 of 1995 is now confined to appellant Biru Yadav only.

(3.) Both the appeals have been preferred against the judgment of conviction dtd. 27/9/1995 and the order of sentence dtd. 28/9/1995, passed by the 1st Additional Sessions Judge, Nawadah in Sessions Trial No.89 of 1992, arising out of Roh P.S. case No.48 of 1992, whereby and whereunder the appellants have been convicted under Ss. 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.