DHIRENDRA KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially, Cr.Appeal(DB) No.478 of 1993 was filed by seven appellants and Cr.Appeal(DB) No.542 of 1993 was preferred by sole appellant Birendra Kumar Yadav against common Judgment of conviction dated 16.10.1993 and sentence dated 18.10.1993 in Sessions Trial No.86 of 1983 and, as such, both appeals were heard together and are being disposed of by this common Judgment.

(2.) During pendency of the appeal, since appellant no.2(Tarachand Yadav), appellant no.3(Anand Mohan Yadav), appellant no.6(Khatam Lal Yadav) and appellant no.7(Sugam Lal Yadav), all appellants in Cr.Appeal (DB) No.478 of 1993) died, their cases stood abated and now only three appellants survive in Cr.Appeal (DB) No.478 of 1993.

(3.) Both appeals have been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against Judgment of conviction and sentence dated 16.10.1993 passed in Sessions Trial No.86of 1983 by learned 5th Addl. Sessions Judge, Purnia arising out of Araria P.S. Case No.166/1982 registered for the offence under Section 147/323/379/341/307 of the Indian Penal Code.