SURO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under the judgment, dated 07.02.2008, passed, in Sessions Trial No. 452 of 1989, by learned Additional Sessions Judge, Fast Track Court No. II, Munger, the accused - appellants, Bam Shankar Yadav, Devan Yadav, Suro Yadav, Bauno Yadav, Tulo Yadav, Binodi Yadav, Shankar Yadav and Ramjee Yadav, stand convicted under Sections 302, 364 and 201 read with Section 149 of the Indian Penal Code, Section 148 of the Indian Penal Code, and Section 27 of the Arms Act, 1959. The accused -appellant, Ramjee Yadav, has further been convicted under Section 307 of the Indian Penal Code. Following their conviction under Section 364 and 302 read with Section 149 of the Indian Penal Code, all the accused appellants have been sentenced, under the order, dated 08.02.2008, to undergo imprisonment for life and, following their conviction under Section 148 and 201 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959, all the accused -appellants have been sentenced to undergo rigorous imprisonment for a period of three years each. Following his conviction under Section 307 of the Indian Penal Code, the accused -appellant, Ramjee Yadav, has been sentenced to undergo rigorous imprisonment for a period of ten years. The sentences have been directed to run concurrently. However, all the accused -appellants have been ordered to pay a fine of Rs. 5,000/ - each, and in default of payment of fine, to suffer rigorous imprisonment for a period of one year.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under:

(3.) At the trial, when charges, under Sections 302, 364, 201 read with Section 34 of the Indian Penal Code, Section 148 of the Indian Penal Code and Section 27 of the Arms Act, 1959, were framed against the accused -appellants, they all pleaded not guilty.