BASO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition has been preferred against the judgment and order dated 26 -11 -1993 passed in Criminal Appeal No. 16 of 1988 by the Second Assistant Sessions Judge, Nawadah confirming the conviction and sentence imposed by Judicial Magistrate, Second Class, Nawadah in G.R. Case No. 402 of 1985 (Tr. No. 174 of 1986). All the petitioners had faced trial for offences under Sections 341/323/325/379 of the I.P.C. After trial in the original Court, petitioner No. 1 has been convicted under Sections 323/379/341 of the I.P.C. Petitioner No. 2 and petitioner No. 4 have been convicted only under Section 341 of the I.P.C. and sentenced to three months' simple imprisonment. Petitioner No. 3 Brahamdeo Yadav has been convicted both under Section 341, I.P.C. and also under Section 323, I.P.C. and sentenced to undergo simple imprisonment for six months under Section 325, I.P.C.

(2.) The trial Court's judgment had been assailed in appeal, as mentioned above, but the appellate Court also after reappraisal of evidence independently came to the same finding and confirmed the judgment of conviction imposed differently against the accused -persons, as mentioned.

(3.) While admitting this revision petition, a Bench of this Court did not allow the admission on merit but it was admitted only on the point of sentence vide order dated 9 -5 -1994.