NAGINA DHANUK Vs. STATE OF BIHAR

JUDGEMENT

(1.) NOBODY appears on behalf of the appellants. Mr. Arun Kumar Tripathi, Advocate of this Court is appointed as Amicus Curiae in this case who is present in Court.

(2.) THE appellants have been found guilty under Section 324/34 of the Indian Penal Code as well as Section 27 of the Arms Act and have been convicted to undergo R.I. for three years under Section 324/34 of the Indian Penal Code and two years R.I. under Section 27 of the Arms Act. It was ordered that all the sentences shall run concurrently.

(3.) IN the circumstances aforesaid, this Court finds that it is not safe to rely on the evidence of P.Ws. 3 and 4 and convict the appellants on the basis of their evidence. The conviction under Section 324/34 of the Indian Penal Code and 27 of the Arms Act is set aside.