PRAMOD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Naga Yadav @ Nag Yadav, Shyam Babu Yadav @ Shyam Babu and Pramod Yadav have been found guilty for an offence punishable under Section 364/34 of the I.P.C. vide judgment of conviction dated 13.11.2013 and each one has been directed to undergo rigorous imprisonment for ten years as well as fined of Rs. Five thousand in defualt thereof, to undergo rigorous imprisonment for three months additionally vide order of sentence dated 21.11.2013 by the Ad hoc Additional Sessions Judge -1st, Patna in Sessions Trial no.695 of 2006 have challenged the same under instant appeal.

(2.) PW -6 Ajay Kumar filed a written report on 11.06.2005 alleging inter alia that he happens to be proprietor of Star Bright Musical Group, wherein Pramod Kumar Yadav was also engaged. Few days ago, he had taken away cash from his office and on account thereof, a case was registered against him. Today i.e. 11.06.2005 at evening hour while was going to Hilsa along with group members and as soon as the vehicle reached near Didarganj overbridge, Pramod Yadav, Shyam Babu Yadav, Naga Yadav along with 3 -4 companions forced his vehicle bearing registration no.BR -1A -0459 moved towards Sonawan Bandh and began to demand money, whereupon they have raised alarm for safety (Bachao -Bachao) over which the persons of the locality assembled and rescued them. They have also chased and during course thereof, Shyam Babu Yadav was apprehended who was assaulted by the villagers and on account thereof, he has sustained injuries.

(3.) IT is also evident that subsequently charge sheet no.35 of 2006 was filed against Pramod Yadav alone whereupon, he was also sent up for trial under Sessions Trial No.748 of 2007.