RAM KHELAWAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER having waited for 35 minutes and also, after having sent some words to the counsel, none turns up to make submissions on the merits of the present appeal. The Court has perused the records of the trial Court including the evidence of nine witnesses and has heard Shri Sujit Kumar Singh, learned Additional Public Prosecutor and has proceeded to deliver the judgment.

(2.) THE solitary appellant, Ram Khelawan Yadav, was charged with committing offences under Sections 307 and 448 of the Indian Penal Code and Section 27 of the Arms Act for being put on trial on Sessions Case No. 677 of 1991. The charge was framed initially by the learned Assistant Sessions Judge -I, Khagaria but that was amended on 19.07.2002 by the learned Additional Sessions Judge, Khagaria, who ultimately delivered the judgment holding the appellant guilty of committing the offences, he had been charged with. The appellant was heard on sentence on the same day, i.e., on 29.07.2002 and was directed to suffer rigorous imprisonment for five years under Section 307 of the Indian Penal Code, rigorous imprisonment for six months under Section 448 of the Indian Penal Code and rigorous imprisonment for one year under Section 27 of the Arms Act. The appellant has preferred the present appeal to challenge the judgment and order of conviction passed upon him.

(3.) THE defence of the appellant was that he had wrongly and falsely been implicated on account of previous enmity.