LALO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the same judgment of conviction and order of sentence, hence both were heard together and are being disposed off by this common judgment.

(2.) Both the appellants Lalo Sharma and Vijay Sharma faced trial in Sessions Trial No. 26(A) of 2013 before learned Additional Sessions Judge-I, Madhepura. The trial arose out of Udakishunganj P.S. Case No. 92 of 2012, registered in pursuance of the order passed under Section 156(3) Cr.P.C, whereby Complaint Case No. 421 of 2012 brought by PW-7 against four persons was ordered to be registered as a police case.

(3.) The learned trial Judge found the appellant Lalo Sharma guilty for the offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo simple imprisonment of one year. The learned trial Judge further convicted both the appellants for offence under Section 312 I.P.C. and awarded rigorous imprisonment of 7 years and fine of Rs.5000/- against both the appellants and in default of payment of fine, the appellants were directed to further undergo simple imprisonment of one year. Sentences against the appellant Lalo Sharma were to run concurrently.