SHEKH DARUD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 11.6.1992 of the 3rd Additional Sessions Judge, West Champaran (Bettiah) whereby each of the three appellants has been convicted under Sections 307 and 148 of the Indian Penal Code and respectively sentenced to undergo R.I. for five years and three years. Each of the three appellants has also been sentenced under Section 307 of the Indian Penal Code of monetary fine of Rs. 3000/-and in default of payment of fine to undergo R.I. for six months.

(2.) IT may be mentioned here that originally there were five accused persons including Shekh Alamgir and Shekh Bhikhari in the case and they were also tried and convicted under Sections 147 and 323 of the Indian Penal Code and were sentenced to execute bonds for two years under Section 360 Cr.P.C. for maintaining peace and being of good behaviour during the period. These two accused namely Shekh Alamgir and Shekh Bhikhari did not file any appeal against the conviction and sentence passed as against them.

(3.) ON the basis of the fardbeyan the first information report (Ext.2) was lodged at Bettiah Sadar P.S. and on completion of investigation charge sheet was submitted and the accused were committed to the court of sessions and they were accordingly tried and were convicted and sentenced as above.