SATE OF BIHAR Vs. BAHADUR YADAV

JUDGEMENT

(1.) DEATH Reference No. 2 of 2006 has been heard analogous with Criminal Appeal No. 111 of 2006 (Medi Paswan v. The State of Bihar), Criminal Appeal No. 167 of 2007 (Ram Bilash Mandal v. The State of Bihar) and Criminal Appeal No. 179 of 2006 (Bahadur Yadav and Anr. v. The State of Bihar) and are being disposed of by a common judgment and order.

(2.) THE Death Reference is for confirmation of judgment and order, dated 09.01.2006, passed by the Additional Sessions Judge, Fast Track Court, III, Bhagalpur, in Sessions Case No. 149 of 1998, whereby Bahadur Yadav, appellant No. 1, of Criminal Appeal No. 179 of 2006 has been convicted under Sections 302/34 and 379 of the Indian Penal Code and sentenced to death punishment. He is ordered to be hanged by neck till death under Section 302/34 of the Indian Penal Code. Against same impugned judgment, Appeals have been filed by appellants, Bahadur Yadav, Arbind Kumar Rai, Ram Bilash Mandal and Medi Paswan. Appellants, Arbind Kumar Rai, Ram Bilash Mandal and Medi Paswan, have been convicted under Sections 302/34 of the Indian Penal Code read with 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - (rupees five thousand) each under Section 302/34 of the Indian Penal Code. They have, further, been sentenced six months' rigorous imprisonment under Section 379 of the Indian Penal Code. In case of default of payment of fine they have to undergo simple imprisonment for two years.

(3.) ON the basis of the fardbeyan, Sabour (Lodipur) P.S. Case No. 252 of 1996 was registered under Sections 302 and 379 of the Indian Penal Code read with Section 27 of the Arms Act against two named accused persons, namely, Bahadur Yadav and Chowkidar, Medi Paswan. So far Arbind Kumar Rai and Ram Bilash Mandal are concerned, their names were not in the column of the accused in the first information report. The police submitted charge sheet against named as well as unnamed accused persons. Cognizance was taken and the case was committed to the Court of sessions. Charge was framed, against the accused persons, under Sections 302/34 and 379 of the Indian Penal Code to which they pleaded not guilty and claimed for trial of the case.