A.K.PRASAD
Mahendra Choudhary – Appellant
Versus
State Of Bihar – Respondent
A.K.Prasad, J.
1. Criminal Appeal Nos. 242. 232. 274 and 318 of 1998 which arise out of the common judgment have been heard together and are being disposed of by this common judgment.
2. The sole appellant in Cr. Appeal No. 242 of 1998 is Md. Sahid @ Mustaque @ Ramesh, whereas the lone appellant in Cr. Appeal No. 232 of 198 is Mahendra Choudhury. Romesh Mondal and Tuntun Bhuiyan are the appellants in Cr. Appeal Nos. 274 and 318 of 1998. All the appellants have been convicted under Secs. 399 and 402 of the Indian Penal Code. They have been further convicted under Secs. 25 (1-B). 26/35 of the Arms Act and under Sec. 5 of the Explosives Substances Act and have been sentenced to rigorous imprisonment for five years under Sec. 399 three years under Sec. 402 of the Indian Penal Code three years under Sec. 25 (I-B) of the Arms Act, three years under Secs. 26/35 of the Arms Act, and five years under Sec. 5 of the Explosives Substances Act, by the impugned judgment and order in S.T. No. 246 of 1997 passed by Sri Md. Khursid Alam then Additional Sessions Judge. Hazaribagh. However, the sentences have been ordered to run concurrently.
3. The prosecution case, briefly stated, is that o
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