PANCHANAND TATMA @ PANCHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two connected appeals arise out of judgment of conviction dated 25.6.2002 and order of sentence dated 28.6.2002 passed by F.T.C. - II, Katihar in Sessions Case No. 3/2001 / 83/87 by which the four appellants of Cr. Appeal No. 497 of 2002 were held guilty of committing offences under Sections 147, 323 and 379 of the Indian Penal Code and each of them was directed to be released on execution of a bond of Rs. 2,000/ - with two sureties of the like amount each so as to appear and receive sentence when called upon during the period of two years for keeping peace and being of good behaviour. As regards Panchanand Tatma @ Panchu, appellant in the other appeal, he was held guilty of committing offences under Sections 148, 323, 379 and 436 of the Indian Penal Code and was directed to suffer rigorous imprisonment for two years, one year, two years and five years respectively on the above four counts, with a further direction that the sentences imposed upon him was to run concurrently.

(2.) ALTOGETHER 14 accused persons were put on trial in Sessions Trial No.

(3.) THE case was lodged through Ext. 1, the written report of PW 8 and, as appears, the First Information Report was drawn up and the investigation was proceeded with. The Investigating Officer has not been examined. As such, there is no evidence to indicate as to how the investigation had proceeded but, as may appear from the record of the case, the 14 accused persons, out of the 16 named in the F.I.R. along with 25 -30 unknown, were sent up for trial and, as I have noted a little earlier, 4 accused died during the trial leaving the trial only against 10 accused, who were covered by the impugned judgment.