PRABHU NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) these three Criminal Appeals have been filed by the accused-appellants against the judgment and order of Ist Additional Sessions Judge, Darbhanga dated 22nd June, 1993 in Sessions trial Nos. 8 of 1992 and 44 of 1992, where the Additional Sessions Judge held the accused-appellants of Criminal Appeal Nos. 361 & 364 of 1993, namely, Prabhu Nath Jha, Laxmi Yadav and Badri Yadav guilty for the offence under Section 302,I.P.C., and held the other five accused-appellants of Criminal Appeal No. 365 of 1993, namely, Ramashish Yadav, Yadu Nath Yadav, Bhutkun Yadav, Ram Chandra Yadav and Ram Prakash Yadav guilty for the offence under Section 302 read with Section 149, I.P.C. Further the Additional Sessions Judge held the accused-appellants Prabhu Nath Jha, Ramashish Yadav and Yadu Nath Yadav guilty for the offence under Sections 25- A & 27 of the Arms Act and held the accused-appellants Laxmi Yadav and Badri Yadav guilty for the offence under Section 3 of the Explosive Substance Act.

(2.) The Trial Judge held that the offence of criminal conspiracy under Section 120-B, I.P.C., has not been substantiated by any prosecution evidence.

(3.) As the accused-appellant Prabhu Nath Jha was absconding, his committal was separated and thus his trial was numbered Sessions Trial No. 44 of 1992. Finally the trial judge trial the two Sessions trial of these eight accused-appellants together.