ORAL JUDGMENT

Date: 12-04-2018

2. Challenge in these two criminal appeals is to the judgment dated 15^th September 1994 passed by learned 1^st Additional Sessions Judge, Purnea (hereinafter referred to as the learned Trial Court=) in Session Trial No. 120/1983 by which the learned Trial Court has been pleased to hold that all the accused-appellants were members of unlawful assembly with common object to commit murder of one Md. Nasiruddin. According to the learned Trial Court all the accused persons assaulted the deceased in furtherance of their common object of the assembly to cause his death and Manoj Yadav strangulated the deceased of this case to death. The accused Darogi Yadav (since deceased) was found to have abated the offence. In result all the accused, who are appellants in these two appeals, have been convicted for the offences under Sections 147 and 302/149 of the Indian Penal Code. Accused Manoj Yadav who is appellant in Criminal Appeal (DB) No. 473/1994 has been conv