RAGHUNANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT was admitted for hearing. Later on, Criminal Appeal No. 105 of 2008 has been filed by the appellant Raghunandan Yadav, which was initially dismissed, as not maintainable, on the point of limitation. The order of dismissal, on the point of limitation, was set aside by the Apex Court, vide order, dated 20th August, 2010, passed in SLP (CRI) No. 577 of 2010 and this Court was directed to hear the criminal appeal preferred by the appellant Raghunandan Yadav along with the appeal filed by other convicts. Accordingly, above noted appeals preferred by the above named appellants against the common judgment is being heard together and are being disposed of by this common judgment.

(2.) ABOVE named appellants have preferred these appeals against the judgment of conviction and order of sentence dated 24th August, 1990 passed in Sessions Case No. 141 of 1986 by the learned 11th Additional Sessions Judge, Munger, whereby these appellants were found guilty under Section 364/34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for life. These appellants were acquitted from the charges under Sections 302/34 and 201/34 of the Indian Penal Code. Another accused Naro @ Narendra Singh who was charged under Section 225 of the Indian Penal Code was acquitted. One of the accused Lala Yadav was also acquitted.

(3.) PW 7 is an advocate clerk and he has proved the writing of Naresh Mahto (Ext. 3), therefore, his evidence is only to the extent that the fard beyan was in the writing of Naresh Mahto and with regard to occurrence his evidence is of no use either to the prosecution or to the defence.