UJJWAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel Sri Ajay Kumar Thakur appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction dated 10.08.2001 and sentence order dated 17.08.2001 passed by Sri Ram Snehi Thakur, 3rd Additional Sessions Judge, Darbhanga in Sessions Trial No. 103 of 1995 by which and whereunder he convicted the appellant for the offence punishable under Sections 307/34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years under the above stated section.

(3.) ON the basis of aforesaid written report, Sadar P.S. Case No. 214 of 1994 under Sections 307/34 of the Indian Penal Code and 25(1-b), 26, 27, 35 of the Arms Act was registered and accordingly, formal first information report was drawn against the appellant and two other co-accused. The matter was investigated and after completion of investigation, charge sheet was submitted for the above stated offences. The cognizance of the offences was taken and the case was committed to the court of Sessions, in usual way. The appellant along with two other accused, namely, Rajesh Sahni and Gopal Yadav were put on trial and appellant along with above stated two co-accused persons was jointly charged for the offences punishable under Sections 307/34 of the Indian Penal Code whereas accused Rajesh Sahni and Gopal Yadav were separately charged for the offences punishable under Sections 25(1-b) a, 26 (ii) and 27 of the Arms Act and co-accused Rajesh Sahni was separately charged for the offence punishable under Section 307 of the Indian Penal Code. It appears that in course of trial, the aforesaid co-accused persons absconded and their case was separated from the case of the appellant.