TAPESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 111/97 and Criminal Revision No. 223/97 arise out of the same judgment and have been heard together and are being disposed of by this common judgment.

(2.) Cr. Rev. No. 223/97 has been filed against the judgment and order dated 2-4-97 passed by 2nd Additional Sessions Judge, Bhagalpur by which the learned Judge acquitted four accused-opposite parties and convicted the rest four accused under S. 395 of the Indian Penal Code and they were sentenced to undergo R.I. for five years. In this case it has also been prayed that the sentence passed by the Court below is less. Therefore, it had been prayed that the sentence imposed upon the four convicted accused persons be enhanced to life imprisonment and also to convict the acquitted opposite parties.

(3.) In Cr. Appeal No. 111 of 1997 four appellants, namely, 1. Tapeshwar Yadav, 2. Bhudeo Yadav, 3. Sukdeo Yadav and 4. Raghu Mistri, had been convicted under S. 395 of the Indian Penal Code and have been sentenced to undergo R.I. for five years each.