POKHAN YADAV; YOGENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeals are against the judgment dated 7.9.1999 of the 4th Additional Sessions Judge, Begusarai, passed in Sessions Trial No. 163 of 1991.

(2.) At the very out set it has to be mentioned here that originally there were 19 accused persons before the trial Court but nine of them were acquitted and the present appeals including one Baso Yadav who is now dead were convicted by the trial Court. The ten accused who were convicted by the trial Court had appealed under the above two appeals but one of the appellants namely Baso yadav died during the pendency of the appeal hence by the order dated 4.7.2003 passed in appeal No. 408 of 1999, the appeal was ordered to have abated in respect of the deceased appellant Baso Yadav. Now this judgement relates to the present nine appellants.

(3.) Each of the appellants (1) Pokhan Yadav, (2) Rambali Yadav, (3( Rajo Yadav, (4) Upendra Yadav, (5) Narayan Yadav, (6) KhubiLal @ Subeda Yadav and (7) Pawan Yadav had been convicted under Section 147, 302 and 201 of the Indian Penal Code and sentenced respectively to undergo rigorous imprisonment for six months, R.I. for life and R.I. for three years. Each of the remaining two appellants namely (8) Yogendra Yadav, (9) Lalo Yadav had been convicted under Sections 148, 302 and 201 of the Indian Penal code and 27 of the Arms Act and sentenced respectively to undergo R.I. for one year, R.I. for life, R.I. for three years and R.I. for three years.