MANDHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH appeals have arisen out of one judgment as such they have been heard together and are being disposed of by this common judgment.

(2.) APPELLANTS have preferred these appeals against the judgment of conviction and order of sentence dated 13-8-1993 and 17-8-1993 passed by 3rd Additional Sessions judge, East Champaran, Motihari in Sessions trial No. 113 of 1978 whereby all the appellants have been found guilty for the offence committed under Section 395, IPC and were sentenced to undergo R. I. for eight years.

(3.) A complaint case was filed by complainant Guruj Sahani on 28-8-1976 in which 30 persons were named as accused. Cognizance was taken on 18-2-1977 under sections 143, 144, 427, 448, and 380 of the indian Penal Code and the case was transferred to the Judicial Magistrate for disposal. After examination of some of the witnesses by the Judicial Magistrate, a petition dated 18-7-1977 was filed by the complainant in which prayer was made to add some of the persons as accused. The Judicial Magistrate vide order dated 18-7-1977 ordered that the appellants be also added as accused under section 319, Cr. P. C. and finding the case prima facie under Section 395, ipc committed to the Court of Sessions.