Abhijit Sinha, J.: This appeal has been preferred by the appellants impugning the judgment of conviction and order of sentence dated 5th May, 1993 passed by Sri Murari Lal Kejriwal, the then learned 3rd Additional Sessions Judge, Bhojpur at Arrah, in Sessions Trial No. 152 of 1978 arising out of Jagdishpur P.S. Case No. 1 of 1977 whereby all the appellants have been convicted under Section 436 I.P.C. and whereas the appellants Nagad Pandey and Tej Narain Pandey have been sentenced to undergo Rigorous Imprisonment for 7 years each and have also been directed to pay a fine of Rs. 5000/- each. The appellant Dhrub Narain Pandey has been sentenced to undergo Rigorous Imprisonment for 10 years and has also been directed to pay a fine of Rs. 5,000/-. It was further directed that the sentence imposed shall be reduced to the period undergone in case the amount of fine is paid by all the three convicts within 90 days from the date of the judgment in the Nazarat which after collection was to be defrayed to the informant.

The aforesaid police case was registered under Section 436 I.P.C. on the basis of a written report(Ext. 1) dated 5.7.1977 submitted by the informant (P.W.8), Dashrath Ram, i

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