MAHENDRA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal Nos. 242. 232. 274 and 318 of 1998 which arise out of the common judgment have been heard together and are being disposed of by this common judgment.

(2.) THE sole appellant in Cr. Appeal No. 242 of 1998 is Md. Sahid @ Mustaque @ Ramesh, whereas the lone appellant in Cr. Appeal No. 232 of 198. is Mahendra Choudhury. Romesh Mondal and Tuntun Bhuiyan are the appellants in Cr. Appeal Nos. 274 and 318 of 1998. All the appellants have been convicted under Sections 399 and 402 of the Indian Penal Code. They have been further convicted under Sections 25 (1 -B). 26/35 of the Arms Act and under Section 5 of the Explosives Substances Act and have been sentenced to rigorous imprisonment for five years under Section 399 three years under Section 402 of the Indian Penal Code three years under Section 25 (I -B) of the Arms Act, three years under Sections 26/35 of the Arms Act, and five years under Section 5 of the Explosives Substances Act, by the impugned judgment and order in S.T. No. 246 of 1997 passed by Sri Md. Khursid Alam then Additional Sessions Judge. Hazaribagh. However, the sentences have been ordered to run concurrently.

(3.) THE main defence is of innocence and false implication.