NAKUL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four appeals have put to challenge the judgment of conviction, dated 7th May, 2008, and the order of sentence, dated 9.5.2008, passed, in Sessions Trial No. 1101/05 and 367/06/Trial No. 345/06 and Trial No. 289/06, by the learned Additional Sessions Judge, Fast Track Court No. V, Bhagalpur.

(2.) BY the impugned judgment, while all the appellants have been convicted under Section 302 read with Section 149, under Section 148 and under Section 341 read with Section 149 of the Indian Penal Code (hereinafter referred to as "I.P.C."), two of the appellants, namely, Bhim Kumar Yadav and Nakul Yadav have also been convicted under Section 27 of the Arms Act, 1959. Following their conviction under Section 302 read with Section 149 I.P.C., each of the appellants has been sentenced to imprisonment for life with fine of Rs. 5,000/ - and, in default, to suffer simple imprisonment for a period of two years and, for their conviction under Section under Section 148 I.P.C., each of the appellants has been sentenced to undergo rigorous imprisonment for two years and, for their conviction under Section 341 read with Section 149 I.P.C., each of the appellants, except Nakul Yadav, has been sentenced to undergo rigorous imprisonment for one month. Having regard to their conviction under Section 27 of the Arms Act, 1959, two of the appellants, namely, Bhim Kumar Yadav and Nakul Yadav have also been sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 2,000/ - (two thousand) each and, in default of payment of fine, suffer simple imprisonment for one year. All the sentences have been directed to run concurrently.

(3.) DURING trial, all the appellants pleaded not guilty to the charges framed against them under Sections 147,148 and Sections 341,504 and 302 read with Section 149 I.P.C. To the charges so framed, all the appellants including accused Raju Yadav (since deceased) pleaded not guilty. Even to the charge framed under Section 27 of the Arms Act, 1959, against accused Nakul Yadav and accused Raju Yadav, both the said appellants pleaded not guilty.