RAM KHELAWAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel 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 and sentence order dated 25.01.2001 passed by Sri Uday Kant Thakur, 2nd Additional Sessions Judge, Madhubani in Sessions Trial No. 76 of 1986 by which and whereunder he convicted the appellants no. 1 and 2 for the offences punishable under Sections 148 and 323 of the Indian Penal Code and accordingly, both the aforesaid appellants were sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 148 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence punishable under Section 323 of the Indian Penal Code whereas rest appellants were convicted for the offences punishable under Sections 147 and 323 of the Indian Penal Code and accordingly, they were sentenced to undergo rigorous imprisonment for six months for the offence punishable under Section 323 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence punishable under Section 147 of the Indian Penal Code. However, all the sentences were ordered to be run concurrently.

(3.) ON the basis of aforesaid ferdbeyan, Madhepur P.S. Case No. 94 of 1982 under Sections 147, 148, 149, 324, 325, 307 and 323 of the Indian Penal Code was registered and accordingly, formal first information report was drawn. After completion of investigation, charge sheet for the offences punishable under Section 307 and other minor sections of the Indian Penal Code was submitted and subsequently, cognizance was taken and the case was committed to the court of sessions, in usual way.