RAJESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No. 135 of 2015 has been filed on behalf of the appellant Rajesh Yadav, Criminal Appeal (DB) No. 919 of 2014 has been filed on behalf of the appellants, namely, Dineshwar Yadav, Suresh Yadav and Kamta Yadav, Criminal Appeal (DB) No. 929 of 2014 has been filed on behalf of the appellant Ram Bihari Yadav, whereas Criminal Appeal (DB) No. 938 of 2014 has been preferred by appellant Raj Kumar Yadav. The appellants, in all these four appeals, were tried together, in Sessions Trial Nos. 460 of 2008, 462 of 2008 and 20 of 2012, arising out of Barhara (Krishnagarh) Police Station Case No. 46 of 2007, and as such, all these four appeals have been heard together and are being disposed of by this common judgment.

(2.) By the judgment, dated 19.11.2014, passed, in Sessions Trial Nos. 460 of 2008, 462 of 2008 and 20 of 2012, by Sri Ram Padarath, learned 2nd Additional Sessions Judge, Bhojpur, at Ara, all the above named appellants stood convicted under Sections 147 and 302 read with Section 149 of the Indian Penal Code. Further appellant, Rajesh Yadav, was also convicted under Section 27 of the Arms Act. In consequence of their conviction under Section 302 read with Section 149 of the Indian Penal Code, the appellants were, by the order, dated 24.11.2014, sentenced to suffer rigorous imprisonment for life and fine of Rs. 50,000/- each. In default of payment of fine, the appellants were directed to further undergo simple imprisonment for a period of six months. In consequence of their conviction under Section 147 of the Indian Penal Code, the appellants were, by the order, dated 24.11.2014, sentenced to suffer simple imprisonment for a term of two years. In consequence of his conviction under Section 27 of the Arms Act, the appellant, Rajesh Yadav, was, by the order, dated 24.11.2014, sentenced to suffer rigorous imprisonment for a term of three years and fine of Rs. 1000/-. In default of payment of fine, the appellant Rajesh Yadav was directed to further undergo simple imprisonment for a period of two months. The sentences were directed to run concurrently.

(3.) The case of the prosecution, as unfolded by the informant, Pawan Kumar Singh (PW 6), in the fardbayan, recorded at Sadar Hospital, Ara, on 08.03.2007, at about 11 PM by Sub Inspector of Police Moti Choudhary, of Ara Town Police Station, in brief, is that