None appeared on behalf of the Appellants.

Sri Ram Swaroop Prasad, Advocate, is appointed as Amicus Curiae to assist the Court on behalf of the Appellants.

1. Heard learned Amicus Curiae for the Appellants and learned APP for the State.

2. By judgment of conviction and order of sentence dated 19.12.2008 passed by the Additional Sessions Judge, FTC V, Khagaria, in Sessions Case No.60 of 2006 arising out of Gogri P.S. Case No.133 of 2002, all the three appellants have been convicted for the offence under Section(s) 323/149, 148, 341 Indian Penal Code as well as Section 27 of the Arms Act and sentenced to undergo simple imprisonment for six months under Sections 323/149, six months simple imprisonment for the offence under Section 148 Indian Penal Code, one month simple imprisonment Under Section 341 Indian Penal Code, and three years simple imprisonment for the offence under Section 27 of the Arms Act. Further, Appellant, Kailash Yadav, has been convicted for the offence under Section(s) 379 Indian Penal Code in place of Section 386 Indian Penal Code and sentenced to undergo simple imprisonment for two years. All the sentences were ordered to run concurrently.

3. On the basis o