ADALAT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant-convicts before us are the father and son, namely Adalat Yadav and Anirudh Yadav. Criminal Appeal No. 1788 of 2019 has been filed by Adalat Yadav, and Criminal Appeal No. 1789 of 2019 has been filed by Anirudh Yadav. Both challenging the common judgment dtd. 4/2/2017 passed in Criminal Appeal (DB)) No. 110 of 2012 and 79 of 2012 respectively, whereby the Division Bench, has confirmed finding of conviction and sentence awarded by the Additional Sessions Fast Track Court-IV Begusarai ['Trial Court'] in terms of judgment dtd. 22/11/2011 passed in Sessions Trial No. 251 of 2019 sentencing them to undergo Rigorous Imprisonment for life under Sec. 302 and 149 read with Sec. 120B of Indian Penal Code, 1860 ['IPC'] and also a fine of Rs.10,000.00 and in default of payment of fine they shall undergo Simple Imprisonment for six months. The above convicts were further sentenced to undergo Rigorous Imprisonment for 10 years under Ss. 307, 149 of the I.P.C. read with Sec. 120B of the I.P.C. with a fine of Rs.5000.00 and in default of payment they shall undergo Simple Imprisonment for three months. Apart from this, they were also sentenced to undergo Rigorous Imprisonment for 7 years under Sec. 27 of the Arms Act with a further direction to run the sentences concurrently.

(2.) The facts giving rise to these appeals, as set out by the Courts below, are as follows.

(3.) We have heard Mr. Ashwani Kumar Singh, learned Senior Counsel for appellant-convicts and Mr. Azmat H. Amanullah, learned counsel for the State.