RAJ KESHWAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel Sri Arun Kumar Tripathi appearing for the appellants as amicus curiae 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 as well as sentence order dated 24.09.1998 passed by Sri Damodar Prasad, Sessions Judge, Jehanabad in Sessions Trial No. 605 of 1992 by which and whereunder he convicted the appellant no. 1 under Section 307 read with section 109 of the Indian Penal Code, appellant no. 2 under Section 307 of the Indian Penal Code, appellants no. 3, 4 and 5 under Section 380 of the Indian Penal Code and sentenced the appellant no. 1 to undergo rigorous imprisonment for five years under Section 307 read with Section 109 of the Indian Penal Code, appellant no. 2 to undergo rigorous imprisonment for five years under Section 307 of the Indian Penal Code and appellants. no. 3, 4 and 5 to undergo rigorous imprisonment for one year under Section 380 of the Indian Penal Code. The learned trial court acquitted the appellants no. 1 and 2 of the charge under Section 380 of the Indian Penal Code and appellants no. 3, 4 and 5 of the charge under Section 307 of the Indian Penal Code.

(3.) LEARNED Additional Chief Judicial Magistrate, Jehanabad sent the aforesaid complaint petition to the concerned police station for institution of the first information report and investigation and after that Arwal P.S. Case No. 102 of 1986 for the offences under Sections 144, 447, 379 of the Indian Penal Code was registered against the appellants. The matter was investigated by the Investigating Officer and after completion of investigation, the Investigating Officer submitted charge sheet for the offences punishable under Sections 147, 148, 307, 448, 380 of the Indian Penal Code and 27 of the Arms Act. The cognizance of the offences was taken and the case was committed to the court of Sessions, in usual way.