RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN Criminal Appeal no.165 of 2013, wherein Upendra Yadav, happens to be the appellant, in Cr. Appeal no.143 of 2013, wherein, Rajendra Yadav, happens to be the appellant, commonly originate against the judgment of conviction dated 19.02.2013 and sentence dated 21.02.2013 rendered by the Ad hoc Additional Sessions Judge -I, Banka in Sessions Trial No.1248 of 2007/ Suppl. Tr. No.245 of 2013 and on account thereof, there has been analogous hearing and being disposed of commonly.

(2.) APPELLANT Upendra Yadav has been found guilty for an offence punishable under Section 307 of the I.P.C. whereunder has been directed to undergo rigorous imprisonment for ten years as well as also slapped with fine appertaining to Rs. 25,000/ - in default thereof to undergo Simple Imprisonment of one year additionally, under Section 341 of the I.P.C. to undergo Simple Imprisonment for one month as well as also slapped with fine appertaining to Rs.5,00/ - in default thereof to undergo Simple Imprisonment for seven days additionally with a further direction to run the sentences concurrently while appellant Rajendra Yadav has been found guilty for an offence punishable under Section 307/109 of the I.P.C. and has been directed to undergo R. I. for seven years as well as also fined of Rs.50,000/ - in default thereof to undergo Simple Imprisonment of one and half years additionally.

(3.) BANKA P. S. Case no.96 of 2005 was registered on the basis of the aforesaid allegation, whereupon investigation commenced and after submission of charge sheet the accused persons faced the trial, out of whom one Rup Lal Yadav died during course of trial while remaining against except appellant stood acquitted by the judgment impugned. Hence, this appeal.