DILIP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal was initially preferred by the two appellants herein and one Anand Prasad Yadav, the brother of appellant No. 1 and son of appellant No. 2, but as he expired during the pendency of the appeal his name was deleted from the Memo of Appeal and the appeal is now being pursued by the two appellants abovenamed.

(2.) THIS appeal at the Instance of the three appellants is directed against the Judgment of conviction and order of sentence dated 30.07.03 passed by Sri Chandra Shekhar Sharma, Presiding Officer, Additional Court I, Patna, Adhoc Sessions Judge, Fast Track Court I, Patna in Sessions Trial No. 98/137 of 1993/2001 arising out of Chowk P.S. Case No. 8/89. By the aforesaid Judgment and order appellants, Dilip Kumar and Awadhesh Prasad Yadav, were convicted under Sec.307/34 of Indian Penal Code and each of them were sentenced to undergo rigorous imprisonment for a period of five years each and appellant, Dilip Kumar, was further convicted under Sec.379 of Indian Penal Code and sentenced to undergo rigorous imprisonment for two years Accused Anand Prasad Yadav was sentenced to undergo rigorous imprisonment for a period of five years for the offence under Sec.307 of I.P.C.

(3.) ON the basis of the aforesaid fardbeyan a formal F.I.R. was drawn up and Chowk P.S. Case No. 8 of 1989 under Sections 307 and 379 of I.P.C. as also under Sections 3/5 of the Explosive Substance Act was registered against the aforesaid three persons. After due investigation chargesheet was submitted against the three accused and after commitment of the case to the court of Sessions charges under Sec.307/34 of the I.P.C. was framed against accused Dilip Kumar and Awadhesh Prasad Yadav and accused Anand Prasad Yadav was charged under Section 307. of I.P.C. and Sec.3 of the Explosive Substance Act and accused Dilip Kumar was further charged for offence under Sec.379 of I.P.C.