NARESH 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 eight appellants against judgment of conviction and order of sentence, respectively, dated 16th & 19th October, 2001 passed by learned 5th Additional Sessions Judge, Gaya, in Sessions Trial No. 338/95/144/97 arising out of Guraru P.S. Case No. 16/94, wherein, they have been convicted for the offence punishable under Sections 452 and 325/34 of the Indian Penal Code and, respectively, sentence to undergo rigorous imprisonment for 7 years and a fine of Rs. 7,000/ - each, in default, further to undergo rigorous imprisonment for 3 years (under Section 452 of the Indian Penal Code) and rigorous imprisonment for three years and a fine of Rs. 3,000/ - each, in default, further to undergo rigorous imprisonment for three months (under Section 325 of the Indian Penal Code) and on deposit of fine amount, Rs. 5,000/ - is to be paid to all the injured persons each and the remaining amount will remain with the State. However, all the sentences are to run concurrently.

(3.) ON the other hand, learned Additional Public Prosecutor while considering the prayer stated that the prosecution side should be compensated, especially, in view of respective ages of the appellants.