RAJU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS both the appeals arise out of the same judgment dated 21.12.2001 passed by Sri Pramod Bahadur Mathur, 4th Additional Sessions Judge, Gaya in Sessions Trial No. 103 of 2000/2 of 2000, they have been heard together and are being disposed of by this common judgment. The appellants faced trial for the commission of offence punishable under section 302/34 of the Indian Penal Code. The learned trial court found the appellants guilty under the said section and convicted them thereunder and sentenced them each to undergo imprisonment for life and also to pay a fine of Rs. 2000/ - each and in default to undergo rigorous imprisonment for a period of three years.

(2.) IT would not be out of place to mention here that appellant Nanhak Yadav died during the pendency of the appeal and the appeal with respect to him abated by an order dated 16.8.2005 with the observation that the fine imposed against him shall, however, be recoverable.

(3.) THE Fardbeyan of the informant Jagdish Yadav, full brother of the deceased, was recorded by the A.S.I. R.K. Singh of Barachatti Police Station on the same day i.e. 29.7.1998 at about 12 hours at Primary Health Centre, Barachatti, district Gaya. On the basis of the Fardbeyan a formal F.I.R. was drawn. After usual investigation charge -sheet was submitted against the appellants.