KARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the appeals arise out of the common judgment and order, they have been heard together and are being disposed of by this common judgment.

(2.) Nobody appears on behalf of appellants in Cr.Appeal (SJ) No. 487 of 2003 on repeated calls, as such, Mrs. Rina Sinha, Advocate, who is present in Court, has been appointed by this Court as amicus curiae to assist this Court.

(3.) Appellants in both the appeals have been convicted under Sections 307/149 of the Indian Penal Code, further appellant Kari Yadav has separately been convicted under Sections 148, 307, 326 IPC and 27 of the Arms Act and appellant Sikandar Yadav has not been found guilty for the offence under Sections 148 IPC and 27 of the Arms Act and sentenced all the appellants to undergo rigorous imprisonment for seven years for the offences under Sections 307/149 IPC. Appellant Kari Yadav has also been sentenced to undergo R.I. for three years for the offence under Section 148 IPC, seven years R.I. for the offence under Section 307 IPC, five years R.I. for the offence under Section 326 IPC and further R.I. for three years for the offence under Section 27 of the Arms Act and all the sentences were directed to run concurrently vide judgment and order dated 16.9.2003 and 17.9.2003 respectively passed by Sri A.K.M.M. Qureshi, the then 3rd Additional Sessions Judge, Saharsa in Sessions Trial No. 37 of 1999.