DEVNANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 307/149 I.P.C. and sentenced to rigorous imprisonment for 7 years as also under Section 148 I.P.C. and sentenced to rigorous imprisonment for 2 years by the learned 2nd Additional Sessions Judge, Gaya in Sessions Trial No. 38 of 1994/ 244 of 1991 by the judgment dated 6.9.1995.

(2.) THE prosecution case is that on 26.10.1984 one Salim Mian of village Bheria had been killed for which a case has been instituted against the appellant no. 1. THE appellant no 1 demanded contribution from the villagers for defending himself and when the informant refused to do so, he was assaulted with Gadasa, Lathi and Saif. Finally five persons were charge sheeted but two of them were assessed to juvenile on the date of occurrence and the trial was spilt up.

(3.) IN view of such, this court is not inclined to accept the prosecution case as the correct version of the occurrence and, therefore, on this ground alone the appellants deserves to be acquitted. IN the result, the appeal is allowed and the order of conviction and sentence passed against the appellants by the learned 2nd Additional Sessions Judge, Gaya in Sessions Trial No. 38 of 1994/ 244 of 1991 by the judgment dated 6.9.1995 are hereby set aside and they are acquitted of their respective charges. The appellants are discharged from the liabilities of their respective bail bonds.