AMIRAK YADAV @ AMBRKA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALTOGETHER thirteen accused persons including Sidheshwar Yadav, Suresh Yadav and Sanjay Yadav were put on trial for intentionally causing the death of Bhola Yadav in furtherance of their common object punishable under Sec.302/149 of the Indian Penal Code. In addition thereto, Sidheshwar Yadav was charged for causing the death of the aforesaid Bhola Yadav punishable under Sec.302 of the Indian Penal Code. Sanjay Yadav aforesaid, during the course of trial, was found to be a juvenile and hence his trial was separated.

(2.) SEVENTH Additional Sessions Judge, Gaya by judgment dated 12th of July, 2001 passed in Sessions Trial No. 397 of 1999 (485 of 1988) acquitted all the accused persons of the charge under Sec.302/149 of the Indian Penal Code but found accused Sidheshwar Yadav guilty of offence under Sections 302 and 148 of the Indian Penal Code and accused Suresh Yadav under Sections 302/109 and 147 of the Indian Penal Code. Rest of the accused persons were found guilty of offence under Sec.147 of the Indian Penal Code. Accused Sidheshwar Yadav and Suresh Yadav have been sentenced to undergo rigorous imprisonment for life for offence under Sections 302 and 302/ 109 of the Indian Penal Code respectively and also to pay a fine of Rs. 10,000/ -each and in default thereof to further undergo rigorous imprisonment for a period of three years. Accused Sidheshwar Yadav has also been sentenced to undergo rigorous imprisonment for a period of three years for offence under Sec.148 of the Indian Penal Code. All the accused including Suresh Yadav found guilty under Sec.147 of the Indian Penal Code have been sentenced to undergo simple imprisonment for a period of one year. The sentences have been directed to run concurrently.

(3.) BOTH the appeals were heard together and are being disposed of by this common judgment.