BHAJAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Kanhaiya Prasad Singh, learned senior counsel, assisted by Sri Kumar Dhirendra Pratap Singh, learned counsel for the appellant and Sri Ajay Mishra, learned Addl. Public Prosecutor. Yesterday, when the matter was taken up, there was non-appearance on behalf of appellants in and today again, there was non-appearance and as such, for just decision in the matter, the Court requested Mrs. Mayuri, learned counsel to assist the Court as Amicus Curiae and she agreed for the same. Accordingly, we heard her on behalf of appellants in as Amicus Curiae.

(2.) Appellants in aforesaid two appeals were tried together and convicted & sentenced by the common judgment of the trial court and as such, both the appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(3.) The appellant no. 1 Bhajan Yadav (since dead, his appeal stood abated) and appellant no. 2 Beni Yadav by judgment dated 25-08-2010 were convicted for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 27 of the Arms Act, 1959 (hereinafter referred to as 'Arms Act'), however remaining appellants by the same judgment were convicted for commission of offence under Section 302/149 of the I.P.C. By order dated 27-08-2010, the appellant no. 2 Beni Yadav under Section 302 of the I.P.C. was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/- (twenty five thousand). In case of default in payment of fine, he was directed to further undergo simple imprisonment for six months. Under Section 27 of the Arms Act, the appellant Beni Yadav was further sentenced to undergo rigorous imprisonment for four years. Other appellants, under Section 302/149 of the I.P.C. by order dated 27-08-2010, were sentenced to undergo rigorous imprisonment for life. The sentence, in respect of appellant Beni Yadav, was directed to run concurrently. The judgment of conviction and sentence was passed by the learned Sessions Judge, Madhepura (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 61 of 1996 (arising out of Murliganj P.S. Case No. 141 of 1991).