(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

Criminal Appeal (DB) No. 382 of 2005, filed on behalf of Baleshwar Yadav and Criminal Appeal (DB) No.435 of 2005, filed on behalf of Talkeshwar Yadav have been taken up together because both the appeals have arisen out of judgment and order of sentence dated 20th of May, 2005 passed by the learned Special Judge, S.C.S.T. (P.A.) Act, Gaya in connection with Trial No. 20 of 2003, whereby the appellants have been convicted under Section 302/149 of the Indian Penal Code and for that they have been sentenced to undergo imprisonment for life. For their conviction under Section 27 of the Arms Act, no separate sentence has been passed. Similarly, for conviction under Section 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, no separate sentence was given. The appellants were held not guilty and acquitted for the offence under Section 148/380 of the Indian Penal Code.

2. Dewan Paswan P.W. 7, the informant, gave his fardbeyan (Ext.5) which was recorded by Sub-Inspector of Police Vijay Singh on 02.11.2002, at 01.00 P.M., Village Kulginzoi under Fatehpur Police Station of District Gaya. The inform