UMESH YADAV AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals have been preferred against the judgment of conviction and order of sentence dated 9.02.1989 passed by the learned 3rd Additional Sessions Judge, Saharsa in Sessions Case No.48 of 1986 by which the appellants Nageshwar Mushar, Saheb Mushar, Gurkun Mushar, Ram Mushar, Jogi Yadav @ Jogendra Yadav, Binod Yadav, Bishan @ Bishwanath Dhobi and Jagdish Yadav have been held guilty under Section 302 of the I.P.C. and have been sentenced to rigorous imprisonment for life. No separate sentence has been passed for their conviction under Section 302/149 of the I.P.C. They have also been convicted under Sections 201, 380 & 148 of the I.P.C. and have been sentenced to undergo rigorous imprisonment for two years each under Sections 201, 380 and 148 of the I.P.C. each and their sentences have been ordered to run concurrently.

(2.) The accused Mishri Mushar, Jogendra Mushar, Jhinger Mushar, Banarsi Mushar, Chandeshwari Mushar, Sukhi Mushar, Binchu Mushar, Saryug Mushar, Tina Mushar, Kishan Mushar, Brahai Mushar, Umesh Yadav, Shibu @ Shiban Yadav, Satto Yadav son of Lakhan Yadav, Rajdeo Yadav, Brahamdeo Yadav @ Brahai Yadav, Ram Bahadur Yadav, Ram Bilash Yadav, Shabbal Yadav @ Shyamal Yadav, Shivnath Yadav, Saryug Yadav, Satto Yadav son of Hari Lal Yadav, Bido Baiday Yadav son of Satto Yadav, Vidyanand Yadav son of Kamleshwari Yadav, Dharam Lal Yadav, Karamlal Yadav, Yogendra Dusadh, Rabbo Yadav, Rajendra Yadav have been convicted and sentenced to undergo imprisonment for life under Sections 302/149 of the I.P.C. and further rigorous imprisonment for two years each under Sections 148, 380 and 201 of the I.P.C. each and all the sentences have been ordered to run concurrently.

(3.) Further accused Sabal Yadav @ Shyamal Yadav has been convicted and sentenced to undergo rigorous imprisonment for six years under Section 307 of the I.P.C. which has been ordered to run concurrently with his other sentences.