NATHUNI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above-said Criminal Appeals have arisen out of judgment of conviction dated 06-10-2001 and sentence order dated 08-10- 2001 passed by Sri Subhash Kumar Singh, Vth Additional Sessions Judge, Begusarai in Sessions Trial No. 69 of 1988. Since both the abovesaid criminal appeals have been heard together, a common judgment is being passed in the above said appeals.

(2.) All the appellants were convicted u/S 395 of the Indian Penal Code and, sentenced to undergo rigorous imprisonment for a period of ten years for the aforesaid offence. However, period already undergone in jail by the appellants in course of trial, was ordered to be set off u/S 428 of the Code of Criminal Procedure, 1973.

(3.) The original first information report of Bhagwanpur P.S. Case No. 83 of 1984 is in torn condition and it is not readable and, therefore, the prosecution case is reproduced hear as mentioned by learned Vth Additional Sessions Judge, Begusarai in impugned judgment of conviction which runs as follows:-