N.S.HEGDE, G.B.PATTANAIK
Ramashish Yadav – Appellant
Versus
State Of Bihar – Respondent
Order
Seven accused appellants who were tried along with 6 others for having committed an offence under Section 302/149 and some other offences were ultimately convicted by the learned Sessions Judge under Section 302/149 and were sentenced to rigorous imprisonment for life for having caused the murder of Mundrika and Ram Tapeshwar Yadav. Out of the 13 accused persons who were convicted by the learned Sessions Judge, one expired after the judgment of the learned Sessions Judge. The High Court considered the case of all the accused persons who stood convicted by the learned Sessions Judge and acquitted 5 of them but maintained the conviction of rest 7 under Sections 302, 302/149, 302/34 and other offences and as such these appeals are by the 7 appellants. According to the prosecution case these accused persons were ploughing the land claiming the land to be theirs on the date of occurrence and some of the accused persons had a gun while some others had weapons like gandasa and lathis. When the informant and some others belonging to his party went and protested as to why they are ploughing the land belonging to the informant the accused persons asserted that it is their land and, ther
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