RAMESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellants 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 30.11.2000 and sentence order dated 02.12.2000 passed by Sri Roshan Lall Sharma, 5th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 23 of 1990 by which and whereunder he convicted the appellant no. 1 for the offences punishable under Section 307 of the Indian Penal Code and 27 of the Arms Act and, accordingly, he was sentenced to undergo seven years rigorous imprisonment for the offence punishable under Section 307 of the Indian Penal Code and to undergo three years rigorous imprisonment for the offence punishable under Section 27 of the Arms Act and furthermore, he convicted the appellant no. 2 under Section 323 of the Indian Penal Code and sentenced him to undergo four months rigorous imprisonment under the above stated section. The learned 5th Additional Sessions Judge, Nalanda at Biharsharif by the above stated impugned judgment acquitted the appellant no. 1 of the charge framed against him under Sections 427 and 379 of the Indian Penal Code and he also acquitted appellant no. 2 of the charge framed under Section 427 of the Indian Penal Code and apart from this he acquitted the co-accused, Sukhlal Paswan and Dipu Paswan of the charges framed against them for the offences punishable under Sections, 307, 427 of the Indian Penal Code and 27 of the Arms Act.

(3.) ON the basis of aforesaid Ferdbeyan, Noorsarai P.S. Case No. 32 of 1989 was registered and accordingly, formal first information report was drawn against the appellants and three others for the offences punishable under Sections 147, 148, 307, 324, 427, 379 of the Indian Penal Code and 27 of the Arms Act. After investigation, police submitted charge sheet against the appellants and two others and found the accusation untrue against first information report named, Sushil Paswan.