TARNI PRASAD CHOUDHARY 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 22-05-2001 and order of sentence dated 23- 05-2001 passed by learned Sessions Judge, Katihar in Sessions Trial No. 290 of 1993 by which and whereunder, he convicted the appellants for the offence punishable under Sections-364/34 & 201 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years each and also to pay a sum of Rs 2,000/- each as fine and in default of payment, to undergo simple imprisonment for three months and, furthermore, the appellants were sentenced to undergo rigorous imprisonment for three years under Section-201 of the Indian Penal Code, however, both the sentences were ordered to run concurrently. The learned trial court by the impugned judgment, acquitted co-accused, Abodh Kumar Choudhary of all the charges framed against him.

(3.) ON the basis of aforesaid written report, Manihari P.S. Case No. 15 of 1993 for the offences under Sections-364, 376/34 of the Indian Penal Code, was registered on 12-03-1993 and on the same say, formal FIR was drawn up against the appellants and co-accused, Abodh Kumar Choudhary for the above-said offences, which has been marked as Ext. 2. The case was investigated by the police and after completion of investigation; the I.O. submitted charge sheet against the appellants and co-accused Abodh Kumar Choudhary under the aforesaid Sections. The cognizance of the offence was taken and the case was committed to the court of sessions, in usual way.