NARESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise of the same judgment and as such they have heard together and are being disposed of by this common judgment.

(2.) APPELLANTS being aggrieved by the judgment dated 3rd of August, 2001. passed by the Second Additional Sessions Judge, Katihar in Sessions Trial No. 270 of 1999 holding them guilty of offence under Sections 302/34, 427, 341 and 342. of the Indian Penal Code.and sentence of rigorous imprisonment for life under Section 302/34 have preferred this appeal. No separate sentence has been awarded under Sections 427, 341 and 342. of the Indian Penal Code.

(3.) FURTHER story, according to the first information report is that on the following day, i.e. 18.3.1999, the informants another nephew, namely, Om Prakash Sah, deceased, who plies horse -cart to earn livelihood went to Mirganj by cart and the informant also went alongwith him. It is alleged that after he had purchased articles from the market, he alongwith the deceased Om Prakash Sah alongwith five other passengers were returning and when the cart reached near the residence of appellant Naresh Yadav at about 2 p.m. on 18.3.1999, all the appellants besides two other accused persons stopped the cart and started abusing them. It has been further alleged that all the accused persons pulled Om Prakash Sah, assaulted him and took him inside the house. It is alleged that Om Prakash Sah cried and after sometime, it stopped and then the appellant and the other accused persons pulled him to a nearby Suryamukhi field, tied him in a mango tree and nailed him. It has been further alleged that after Om Prakash Sah was killed, the horse cart was set on fire.