BALDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned Additional Public Prosecutor for the State.

(2.) THIS is an appeal preferred by six appellants against judgment dated 9th May 2002 of Presiding Officer, Additional Court No. 1 Nalanda at Biharsharif, in Session Trial No. 207 of 1983 / 259 of 2001 arising out of Silao Rajgir P.S. Case No. 65/1982, initially instituted for the offences under Sections 147, 447, 325, 302 of the Indian Penal Code, but ultimately holding the appellants guilty for the offence under section 325 read with 149 of the Indian Penal Code and except appellant nos. 3 and 6 namely Mohan Yadav and Thakur Yadav, remaining four are sentenced to undergo rigorous imprisonment for three years and appellant nos. 1, 2 and 4 are further convicted for the offences under section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, both the sentences are to run concurrently.

(3.) AFTER some arguments, learned counsel for the appellants fairly concedes that the appeal as regard to appellant nos. 3 and 6 is not at all maintainable under law. Moreover, they have already executed bonds as required. No purpose shall be served if the appeal so far they are concerned is converted into revision. Accordingly, this appeal with respect to appellant nos. 3 and 6 namely, Mohan Yadv and Thakur Yadav become infructuous, hence, disposed of.