SULO THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Both these criminal appeals arise out of the same Sessions Trial No. 28 of 2001 and hence they are being disposed of by this common judgment.

(2.) BOTH these criminal appeals arise out of the judgment dated 26.5.2003 and order dated 27.5.2003 passed by Shri Birendra Kumar Singh. Ist Additional Sessions Judge. Saharsa in Sessions Trial No. 28/01. The learned Additional Sessions Judge has convicted all the five appellants under Sections 399 and 402 of the Indian Penal Code (for short, IPC). He has sentenced all the appellants to undergo R.I. for seven years for the offence under Section 399 IPC. He has passed no separate sentence for the offence under Section 402 IPC. The learned Additional Sessions Judge has further convicted two appellants namely, Sulo Thakur and Abbas Mian for the offence under Section 25(1)(b) of the Arms Act and sentenced them to undergo R.I. for one year with the direction that the sentences will run concurrently.

(3.) AFTER investigation chargesheet was submitted under the aforesaid sections against seven accused persons including the appellants. Cognizance was taken. The case was committed to the court of sessions. Page 2072