KAMALA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above stated appellants have challenged the judgment of conviction dated 21.7.2001 and sentence order dated 25.7.2001 passed by learned Addl. Sessions Judge I, Aurangabad in Sessions trial no. 64 of 2001/100 of 1988 (State versus Kamala Singh) by which and whereunder learned Addl. Sessions Judge I, Aurangabad found guilty the appellants for the offence punishable under section 147 of the Indian Penal Code and accordingly, they were convicted for the offence punishable under section 147 of the IPC and were sentenced to undergo rigorous imprisonment for two years under the aforesaid section and furthermore, appellants were found guilty for the offence punishable under section 307 read with section 149 of the IPC and accordingly, they were convicted under the aforesaid section and sentenced to undergo rigorous imprisonment for three years under the above stated section. Both the above stated sentences were ordered to run concurrently.

(2.) BY the same impugned judgment, the learned trial court acquitted the appellants and other accused persons for the offences punishable under sections 302, 302 read with section 149 of the IPC and similarly, some accused persons were acquitted of all the charges.

(3.) ON the basis of the aforesaid fardbeyan of Mangal Singh, Obra P.S. case no.154/1984 for the offences punishable under sections 147, 148, 149, 324, 307, 430 of the Indian Penal Code and 27 of the Arms Act was registered and later on, section 302 of the IPC was also added. The formal FIR was registered against 17 named accused persons as well as 8 to 10 unknown persons.