JALAR YADAV @ JAILER YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these eleven appeals have arisen out of judgment, dated 23.7.2007, of conviction under various penal provisions and the order, dated 30.7.2007, whereunder sentences have been passed against the convicted persons, in Sessions Trial No. 40 of 1997, by the learned Additional Sessions Judge, Fast Track Court No. 1, Nalanda.

(2.) BY the impugned judgment and order, the appellants, Kailu Yadav @ Ramchandra Yadav, son of Rajendra Yadav, Jalar Yadeav @ Jailer Yadav and Damoder Yadav, have been convicted under Section 302 read with Section 149 of the Indian Penal Code (hereinafter referred to as "I.P.C.") and sentenced to suffer imprisonment for life with fine of Rs. 50,000/ - (fifty thousand) each and, in default of payment of fine, rigorous imprisonment for three years. The three appellants aforementioned have also been convicted by the impugned judgment, under Section 5 Explosive Substances Act, 1908, and sentenced to suffer rigorous imprisonment for five years each with fine of Rs. 20,000/ - (twenty thousand) and, in default of payment of fine, rigorous imprisonment for one year. By the impugned judgment and order, appellants, Bijay Yadav and Raj Kumar @ Sadhu Gope @ Sadhu Yadav, have been convicted under Section 302 read with Section 149 I.P.C. and sentenced to suffer imprisonment for life with fine of Rs. 30,000/ - (thirty thousand) each and, in default of payment of fine, rigorous imprisonment for two years. These two appellants have been further convicted under Section 27 Arms Act, 1959, and sentenced to undergo rigorous imprisonment for three years each with fine of Rs. 5,000/ - (five thousand) and, in default of payment of fine, suffer rigorous imprisonment for six months.

(3.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus: