YADU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by Shri B.N.P. Singh, 3rd Additional Sessions Judge, Nawadah, dated 17-6-1989, in Sessions Trial No. 121 of 1987/194 of 1984. The appellants were convicted under Section 323, INDIAN PENAL CODE, 1860 and sentenced to undergo rigorous imprisonment for ten months. They were, however, charged for offences under Sections 307/149 and 380, INDIAN PENAL CODE, 1860 The charges under Sections 307/149 and 380, INDIAN PENAL CODE, 1860 failed and hence the learned trial Judge held the accused-appellants guilty only under Section 323, INDIAN PENAL CODE, 1860

(2.) The prosecution case, as referred to in the fardbeyan of the informant Lakhan Prasad Yadav was to the effect that in the night in between 25th/26th June, 1979, the informant along with Jagdish Prasad Yadav was sleeping in his house. Suddently, the appellants along with others, numbering 20 to 25 persons variously armed with lethal weapons including lathi and bombs came to the dalan where the informant was sleeping. Yadu Yadav dealt with a garansa blow on the head of Lakhan Yadav, informant and Lorik Yadav assaulted him with lathi. Bali Yadav also dealt with a lathi blow upon Amrit Yadav who was also seeping in the same dalan where the informant was sleeping. Subsequently, the dacoits effected their entry inside the house and looted certain articles including cloths and ornaments.

(3.) The accused-appellants pleaded innocence and alleged false implication.