BISWANATH SINGH @ BISWANATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels appearing on behalf of the parties.

(2.) THIS is an appeal preferred by all the seven appellants against judgment of conviction and order of sentence, respectively, dated 18th & 21st May, 2002 passed by learned Additional Sessions Judge -cum -Presiding Officer (Fast Track Court - IVth), Bhojpur, Ara, in Sessions Trial No. 358/86 arising out of Piro P.S. Case No. 015/84, wherein, they have been convicted for the offence punishable under Sections 307/149 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven years and further appellant nos. 4, 1, 2 5, 6 and 3, namely, Surjadeo Singh @ Surjadeo Yadav, Biswanath Singh @ Biswanath Yadav, Rajendra Singh @ Rajendra Yadav, Sri Ram Singh @ Sri Ram Yadav, Birendra Singh @ Birendra Yadav and Kamta Singh @ Kamta Yadav, have been convicted for the offence under Section 148 of the Indian Penal Code and sentence to undergo rigorous imprisonment for two years and appellant nos. 2, 5, 6 & 3, namely, Rajendra Singh @ Rajendra Yadav, Sri Ram Singh @ Sri Ram Yadav, Birendra Singh @ Birendra Yadav and Kamta Singh @ Kamta Yadav, have been convicted for the offence under Section 27 of the Arms Act and sentence to undergo rigorous imprisonment for three years and appellant no. 7, namely, Barhiyari Singh @ Barhiyari Yadav, has been convicted for the offence under Section 147 of the Indian Penal Code and sentence to undergo rigorous imprisonment for one year and all the appellants have also been sentence to pay a fine of Rs. 2,000/ - each, in default, to further undergo simple imprisonment for six months.

(3.) ON the other hand, learned Additional Public Prosecutor, while raising no objection to the submissions made above, has pointed out about compensation to the injured persons, who are three in numbers, if the matter is inquired on the point of age etc. of the two appellants it may produce no fruitful result, but sheer wastage of time.