LAWS(DLH)-2014-8-118

SANTOSHANAND AVDOOT @ GHANSHYAM PRASHAD Vs. STATE

Decided On August 14, 2014
Santoshanand Avdoot @ Ghanshyam Prashad Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellants - Santoshanand Avadhoot @ Ghan Shyam Prasad (A-1); Ram Janam Dwivedi @ Ranjan Dwivedi (A-2) and Sudevanand Avadhoot @ Misri Lal Yadav (A-3) impugn a judgment dated 28.10.1976 of learned Addl. Sessions Judge in Sessions Case No. 9/1976 arising out of RC 11/75/CIU/SPE/CBI by which they were held guilty for committing offences under Section 120 B (1) Indian Penal Code (in short "IPC"). A-1 and A-3 were also held guilty under Section 307 IPC and Section 4 (b) Explosive Substances Act 1908. By an order dated 01.11.1976, A-1 and A-3, were sentenced as under :

(2.) The sentences enumerated at Nos. (ii) to (vi) were to operate concurrently but only after A-1 and A-3 had served out the sentence mentioned at No. (i).

(3.) The factual matrix in which the appellants came to be prosecuted and convicted has been set out in detail by the Trial Court. I need not, therefore, recapitulate the same all over again except to the extent it is necessary. Shorn of details, the prosecution case as reflected in the charge-sheet is as under :