ASHOK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the Criminal Appeals arise out of the judgment dated 16.02.2010 followed by order of conviction dated 19.02.2010 passed by the learned Additional District and Sessions Judge, F.T.C.3, Madhepura in Sessions Trial No.79 of 1991, they are being disposed of by the common judgment.

(2.) The Cr. Appeal Nos.322 of 2010 and 377 of 2010 filed by the appellants Shatrughan Yadav and Ashok Yadav respectively against the judgment and order dated 16.2010 passed by the Additional District and Sessions Judge, Fast Track Court No.3, Madhepura in Sessions Trial No.79 of 1991 whereby Shatrughan Yadav, one of the appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.10,000/-; in case of default further simple imprisonment of six months and another appellant Ashok Yadav has been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay Rs.4,000/- as fine and in case of default in paying the said fine to further undergo simple imprisonment of four months however remaining three accused persons, namely, Bihari Yadav, Shankar Yadav and Shitlal Rishideo as not found guilty so acquitted of the charge.

(3.) The Sessions Trial No.79 of 1991 arises out of Murliganj P.S. Case No.155 of 1983 registered under Sections 302 and 34 of I.P.C. on the basis of fardbeyan, i.e., oral information given by Chhedi Yadav, informant of the case to the police.