UDHAV PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned Addl. Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 17.5.2001 passed by learned Addl. Sessions Judge I, Saran in Sessions trial no. 232 of 1994 by which and whereunder he convicted the appellant nos. 1 and 2 for the offence punishable under section 324 of the Indian Penal Code and the appellant no.3 for the offence punishable under section 323 of the Indian Penal Code and released them on probation under the provision of Probation of Offenders Act, 1958.

(3.) ON the basis of the aforesaid fardbeyan, Revilganj P.S. case no.43/1993 for the offences under sections 323, 324, 307/34 of the Indian Penal Code was registered and formal FIR was drawn up against the appellants under the above stated sections. The matter was investigated by the police and after investigation, police submitted charge sheet against all the appellants for the offences under sections 341, 323, 324/34 of the Indian Penal Code but learned Chief Judicial Magistrate took the cognizance for the offence under section 307 of the IPC and the case was committed to the court of sessions, in usual way.