DEEP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) DEEP Yadav, Awadhesh Yadav and Hari Yadav (Appellants in Cri.Appeal No. 185 of 2002) besides Mahesh Yadav (Sole appellant in Cri.Appeal No. 218 of 2002), being aggrieved by the judgement dated 20.3.2002 and order datea 21.3.2002 passed by the First Additional Sessions Judge, Nalanda at Bihar Sharif in Sessions Trial No. 604 of 1998 arising out of Silao P.S. Case No. 153 of 1996 holding them guilty of offence under Sec.302/34 of the Indian Penal Code and inflicting sentence of rigorous imprisonment for life, have preferred these appeals.

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

(3.) ON the basis of the aforesaid information, Silao P.S. Case No. 153 of 1996 was registered under Sec.302/34 of the Indian Penal Code. After usual investigation, police submitted charge sheet and after cognizance, case was committed to the Court of Sessions for trial, where they were charged for causing death of Sadhu Prasad Yadav in furtherance of common intention punishable under Sec.302/34 of the Indian Penal Code. Appellants Deep Yadav and Awadhesh Yadav, in addition, were charged for voluntarily causing hurt to the informant Raja Ram Yadav (P.W. 6) punishable under Sec.323 of the Indian Penal Code. Appellants pleaded not guilty and claimed to be tried.