MAHESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellants failed to appear on account thereof, Mr. Baban Roy, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellants, Mahesh Yadav, Gango Yadav, Shree Yadav, Bishundeo Yadav @ Bishun Yadav, Khelawan Yadav, Ram Tahal Yadav, Jagdish Yadav have been found guilty for an offence punishable under Section 307 of the IPC and each one has been sentenced to undergo R.I. for 7 years, under Section 148 IPC and each one has been sentenced to undergo R.I. for three years, under Section 326 of the IPC and each one has been directed to undergo R.I. for five years as well as to pay fine appertaining to Rs.500/- in default thereof to undergo S.I. for one month, additionally while appellant Shree Yadav has further been found guilty for an offence punishable under Section 379 IPC and sentenced to undergo R.I. for two years with a further direction to run the sentences concurrently by the Second Assistant Sessions Judge, Jamui in Sessions Trial No.613 of 1996.

(3.) This appeal would not have been entertained by the High Court as, being a sentence up to seven years passed by the Assistant Sessions Judge was appealable before the Sessions Judge as provided under Section 374 of the Cr.P.C. For better appreciation the same is quoted below: