SATTAN YADAV ALIAS AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 364 of the Indian Penal Code and sentenced to rigorous imprisonment for fife. Appellants Sattan Yadav, Vishwanath Yadav and Lallan Mahto have also been convicted under Section 27 of the Arms Act but no separate sentence has been awarded for the same

(2.) THE appellants along with others who either died or have been acquitted were initially charged with the offences under Section 364 of the Penal Code and Section 27 of the Arms Act. Later after examination of 12 prosecution witnesses the charge under Section 302/34 of the Penal Code was added. The witnesses were recalled for cross examination only one of whom turned up. On the statement of the accused that they did not wish to cross examine the remaining witnesses the prosecution case was closed and the trial proceeded. At the end of the trial the appellants were acquitted for the charge under Section 302/34 of the Penal Code but convicted under Section 364 of the Penat Code and Section 27 of the Arms Act as mentioned above. Two were acquitted altogether.

(3.) ON the basis of the said report/fardbeyan of Ramadhar Kamkar Bairia PS Case No. 4(10)80 was registered and investigation commenced. At the end of investigation the police submitted chargesheet against 11 persons. Only seven out of them were put on trial as others were either reportedly killed in police encounter or absconded. Out of the seven put on trial one died in course of the trial leaving only six who finally faced the trial. Two out of them were acquitted.