RAM EKBAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals arise out of judgment and order of conviction dated 11.2.1994 passed by the

(2.) ND Additional Sessions Judge, Patna in Sessions Trial No. 164 of 1990/99 of 1993. They have been heard together and are being disposed of by this judgment. 2. The appellants in Cr. Appeal No. 66 of 1994 have been convicted for the offence under section 326/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years. They have further been convicted for the offence under section 147 of the Indian Penal Code and sentenced to undergo imprisonment for one year. Appellant no.2 has further been convicted for the offence under section 326/109 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years. The appellants in Cr.Appeal No. 71 of 1994 have been convicted for the offence under section 326/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years. Appellant no.1 has further been convicted for the offence under sections 326/109 ahd 148 of the Indian Penal Code and sentenced to undergo imprisonment for six years and two years respectively. Appellant no.2 has further been convicted for the offence under section 148 of the Indian Penal Code and sentenced to undergo imprisonment for one year. Appellant in Cr.Appeal No. 134 of 1994 has been convicted for the offence under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under section 148 of the Indian Penal Code and sentenced to undergo imprisonment for two years. He has also been convicted for the offence under section 27 of the Arms Act and sentenced to undergo imprisonment for three years.

(3.) ON the aforesaid fardbeyan a formal first information report was drawn. Investigation was taken up and after completion of the investigation chargesheet was submitted. On receipt of the chargesheet cognizance was taken and the case was committed to the court of sessions for trial. The trial court convicted the appellants as indicated above.