UPENDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) THE appellant no. 1 Upendra Yadav has been convicted for the offence under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and has further been convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years. The appellant no. 2 Srikant Yadav has been convicted for the offence under Section 149 read with Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(3.) ON the fardbeyan of the informant, the First Information Report was lodged by Giriyak Police Station under Nalanda district on 01.09.1988 and the investigation proceeded. After investigation, charge -sheet was submitted and cognizance was taken, the case committed to the Court of Sessions and after commitment charge was framed against three accused persons, namely, Nathun Yadav, Upendra Yadav and Srikant Yadav. However, during trial Nathun Yadav died and hence, prosecution against him abates.