MALLIK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been held guilty vide judgment dtd. 6/9/2016 passed by the learned 5th Additional Sessions Judge, Munger (hereinafter referred to as the "Trial Court") in Sessions Trial No. 44 of 2011 arising out of Muffasil P.S. Case No. 168 of 2010 for the offences punishable under Sec. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act. Vide a consequent order dtd. 9/9/2016, the Trial Court sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000.00 each under Sec. 302 of the Indian Penal Code and rigorous imprisonment for three years and to pay a fine of Rs.5,000.00 each under Sec. 27 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) The appellants have challenged the aforesaid conviction and sentence imposed against them by the Trial Court by filing the present appeal before this Court.

(3.) The prosecution in instant case was launched by registering Mufassil P.S. Case No. 168 of 2010 dtd. 13/9/2010 under Sec. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act against five persons, namely, Tulsi Yadav, Dhuran Yadav, Karelal Yadav, Mallik Yadav and Samtolla Devi on the basis of a written complaint made by one Bindeshwari Yadav regarding incident which took place at 05:00 AM on 13/9/2010, to the SHO, Muffasil Police Station at 06:30 AM on 13/9/2010.