DHUNMUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 28.07.2006, and order, dated 29.07.2006, passed, in Sessions Trial No. 344/2006, by the learned Sessions Judge, Buxar, whereby the present two appellants, namely, Dhunmun Yadav and one Arvind Dubey @ Gandhi (since deceased) stood convicted under Sections 364A, 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as "I.P.C."). Following their conviction under Section 302 read with Section 34 I.P.C., while accused-appellant, Arvind Dubey @ Gandhi (since deceased) was, sentenced to death, the present appellant, Dhunmun Yadav, was sentenced to imprisonment for life. Similarly, for their conviction under Section 364A read with Section 34 I.P.C., while accused-appellant, Arvind Dubey @ Gandhi (since deceased), was sentenced to imprisonment for life with fine of Rs. 10,000/- (ten thousand) and, in default of payment of fine, suffer imprisonment for six months, the present appellant, Dhunmun Yadav, was sentenced to undergo imprisonment for life. For their further conviction under Section 201 read with Section 34 I.P.C., while accused-appellant, Arvind Dubey @ Gandhi (since deceased), was sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs. 5,000/-(five thousand) and, in default of payment of fine, suffer imprisonment for three months, the present appellant, Dhunmun Yadav, was sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs. 2,000/- (two thousand) and, in default of payment of fine, suffer imprisonment for a period of one month. The sentences were, however, directed to run concurrently.

(2.) The case of the prosecution, as unfurled at the trial, may, in brief, be described as under:

(3.) At the trial, when charges, under Sections 364A, 302 and 201 read with Section 34 I.P.C. were framed, both the accused persons, namely, Dhunmun Yadav (present appellant) and Arvind Dubey @ Gandhi (since deceased) pleaded not guilty thereto.