SUDAMA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above stated sole appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and, accordingly, he has been sentenced to undergo life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for seven years for the offence punishable under Section 27 of the Arms Act. Both the above stated sentences were ordered to run concurrently.

(2.) However, the appellant was acquitted from the charge framed under Section 148 of the Indian Penal Code and so far as the charge framed against the appellant for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code is concerned, the same was treated by the trial court as redundant.

(3.) It is pertinent to note here that, altogether, 16 persons including appellant Sudama Yadav faced trial before the learned 1 st Additional Sessions Judge, Aurangabad (hereinafter referred to as trial court) in Sessions Trial No. 68/89/04/94 and by the impugned judgment of conviction dated 07.04.1995 and sentence order dated 10.04.1995, the appellant was convicted and sentenced in the manner as stated above. However, the other accused were acquitted from the charges framed against them under various heads.