ARUN KUMAR MISHRA Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed under section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment dated 10.07.2014 and the order on sentence dated 06.08.2014 passed by the learned Trial Court, arising out of FIR No. 405/2010, under Sections 307/120B of the Indian Penal Code (hereinafter referred to as 'IPC') and Sections 25/54/59 of the Arms Act, by virtue of which the appellant stands convicted under Section 307 of IPC and sentenced to undergo life imprisonment and a fine of L 20,000/- and in default of payment of fine, he was to further undergo rigorous imprisonment for six months. The appellant also stands convicted under section 25 of the Arms Act and has been sentenced to undergo rigorous imprisonment for five years and a fine of L 5,000/- and in default of payment of fine, further rigorous imprisonment for three months. The appellant also stands convicted under section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for a period of 7 years and a fine of L 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) The case of the prosecution unfolds as under:-

(3.) On 27.07.2012, charges under Section 120-B of IPC and under Section 307 of IPC read with Section 120-B of IPC were framed against the appellant. Additionally, a charge under Section 307 of IPC and under Section 25/27 of the Arms Act were also framed separately against the appellant to which he pleaded not guilty and claimed to be tried.