SHAMBHU TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was taken up for hearing, but no one was there to represent the appellants, as such Mr. Niraj Kumar Sanidh, Advocate was appointed as Amicus Curiae to defend the case of the appellants.

(2.) The Trial Court had charged two accused persons, namely, Shambhu Tiwari and Imamul Hasan for the offence, punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Trial commenced against two accused and on conclusion of the trial, both the accused were convicted for commission of offence, under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. The accused persons were sentenced to undergo imprisonment for life and fine of Rs. 2,000/- for their conviction under section 302/34 of the Indian Penal Code and in default of payment of fine, to undergo imprisonment for a period of one year. They were further sentenced RI for two years for their conviction under section 27 of the Arms Act. Sentences were to run concurrently.

(3.) Present appeal was filed by Appellants, Shambhu Tiwari and Imamul Hasan against the judgment and order, dated 23.01.2004 / 31.01.2004, passed by the Presiding Officer of Fast Track Court No. I, Gopalganj in Sessions Trial No. 162 of 2000 / 188 of 2002, whereby the appellants were convicted and sentenced for commission of offence under section 302/34 of the Indian Penal Code and 27 of the Arms Act.