BHOLA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present criminal appeal, twelve appellants have assailed the judgment of conviction and sentence recorded by the learned Ad hoc Additional Sessions Judge-II, Bagaha, whereby they have been held guilty of committing offences punishable under Ss. 302, 323 read with Sec. 149 of the Indian Penal Code. Besides, the appellants No. 1, 8 and 9 have been held guilty, of the offence punishable under Sec. 148 of the IPC whereas the rest nine have been held guilty of the offence punishable under Sec. 147 of the IPC. The appellants have been sentenced to undergo imprisonment for life and payment of fine of Rs.5,000.00 and in default of payment of fine, further rigorous imprisonment for six months, for the offence punishable under Sec. 302 read with Sec. 149 of the IPC and to undergo rigorous imprisonment for a term of six months for the offence punishable under Sec. 323 read with Sec. 149 of the IPC. Appellants No. 1, 8 and 9 have been sentenced to undergo rigorous imprisonment for a term of two years for the offence punishable under Sec. 148 of the IPC. Rest of the appellants, other than Appellants No. 1, 8 and 9; have been sentenced to undergo rigorous imprisonment for a term of one year for the offence punishable under Sec. 147 of the IPC and rigorous imprisonment for a term of six months for the offence punishable under Sec. 323 read with Sec. 149 of the IPC. The sentences of the offenders are to run concurrently; the periods of detention in jail custody during trial are to be set off, learned trial court has held.

(2.) We have heard Mrs. Renu Jha and Mr. Nishant Kumar Sinha learned counsel for the appellants, Mr. D.K. Sinha, learned Additional Public Prosecutor for the State of Bihar and Mr. Amish Kumar, learned Amicus Curiae.

(3.) For the benefit of precision, the appellants have been denoted, in short, as A-1 for Appellant No. 1 and so on, as per their position in the cause title of the memo of appeal, for the purpose present judgment and order. The prosecution's witnesses have been referred to as the 'PW-1' and so on.