HARI RAO, SUBODH RAO, BHOLA NATH RAO, GAIBI RAO, PRAYAG RAO, SURENDRA RAO, PRADEEP RAO, SHYAM CHOUBEY, JALDHAR YADAV, SURYA NARAIN YADAV, MAHESHWARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was initially filed by the 13 appellants against the judgment and order dated 8.12.1992 passed by Sri Dhirendra Nath Chakravarty, the then 7th Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 399/65 of 1986/88, arising out of Rajaun P.S. Case No. 130 of 1984. By the aforesaid judgment and order whereas all the accused have been acquitted of the charge under Sec.302 read with Section 149 I.P.C. they have been sentenced to suffer R.I. for 3 years under Sec.326 read with Sec.149 I.P.C. and that apart accused Jaldhar Yadav has been sentenced to undergo rigorous imprisonment for one year for commission of offence punishable under Sec.147 I.P.C. and all the convicts except Jaldhar Yadav have also been sentenced to undergo rigorous imprisonment for 2 years for commission of offence punishable under Sec.148 I.P.C. All the sentences were directed to run concurrently and no separate sentences were awarded for the accused being convicted also of the charges under Sections 323 and 325 I.P.C.

(2.) It will not be out of place to mention here that appellant no. 5 Mukund Lal Rao and appellant no. 13 Kirani Singh expired during the pendency of the appeal before the Court and by order dated 9.5.2007 the proceedings in respect of the two deceased was dropped.

(3.) At the very out set the learned counsel for the appellants submitted that they were restricting their arguments only on the question of sentence and would not advance any submissions in respect of the merit of the appeal.