RAM BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973, has been preferred against the judgment and order, dated 17.06.2015, passed, by learned 2nd Additional Sessions Judge, Khagaria, in Criminal Appeal No. 08 of 2013, arising out of Gogri (Paura O.P.) Police Station Case No. 25 of 2007, whereby the learned Appellate Court has set aside the judgment of conviction and order of sentence, dated 22.01.2013, passed by the learned Judicial Magistrate, 1st Class, Khagaria, in Trial No. 433 of 2013.

(2.) The learned Trial Court, by judgment and order, had recorded conviction of the respondent nos. 2 to 6, for the offence punishable under Sec. 143 of the Indian Penal Code and sentenced them to undergo simple imprisonment for a period of six months. They further stood convicted of the offence punishable under Sec. 447 of the Indian Penal Code and Sec. 379 of the Indian Penal Code, and sentenced to undergo imprisonment for a period of three months and one year respectively. For the offence punishable under Sec. 379 of the Indian Penal Code, a fine of Rs. 1,000.00 has been imposed with the stipulation that in default, they will be required to undergo simple imprisonment for a period of one month. The sentences are to run concurrently.

(3.) Heard learned Counsel for the petitioner and learned Additional Public Prosecutor, appearing on behalf of the State.