SUDHIR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals are being disposed of by this common JUDGMENT : as they arise out of the same JUDGMENT : and this common JUDGMENT : will govern all the four appeals.

(2.) THE appellant, namely, Brahmdeo Yadav @ Bhonu Yadav (Cr. Appeal No. 371 of 1999) has been convicted under section 302 of the Indian Penal Code read with 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years respectively under both the counts. The rest of the appellants have been convicted under section 302/149 of the Indian Penal Code for which they have been sentenced to undergo rigorous imprisonment for life and they have further been convicted under section 324/ 149 of the Indian Penal Code for which they have been sentenced to undergo rigorous imprisonment for one year each.

(3.) ) came and they were also assaulted with Gandasa. Bhala etc. It is specifically alleged that Munshi Yadav was assaulted with Gandasa causing injury on his left hand, Ganauri Yadav was assaulted with Bhala and Bindeshwar Yadav was also assaulted with Bhala. The informant brought his brother to Govindpur Hospital for treatment but he died on the way. The occurrence took place at 9.00 a.m. The motive behind the occurrence is that there are two groups in the village and both the groups were inimical to each other on account of the contract work of the bridge of the village and due to that reason the alleged occurrence took place. 4. A case under sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code was instituted on the basis of the fardbayan of the informant and after investigation the police submitted charge -sheet against the appellants under the aforesaid counts on the basis of which cognizance was taken and the case was transferred to the Court of Sessions.