MD. UMAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By these appeals, the appellants/accused persons are challenging the Judgment of conviction dtd. 30/4/2016 and order of sentence dtd. 6/5/2016 passed by the learned Sessions Judge, Katihar, Bihar in Sessions Trial No. 18 of 2016, thereby convicting them of the offence punishable under Ss. 302 and 307 of the Indian Penal Code as well as under Sec. 27 of the Arms Act. For the offence punishable under Sec. 302 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for life whereas for the offence punishable under Sec. 307 of the Indian Penal Code, sentence of rigorous imprisonment for 10 year is imposed on them. For the offence under Sec. 27 of the Arms Act, the appellants/accused are sentenced to suffer rigorous imprisonment for three years. The appellants/accused persons are also directed to pay fine of Rs.5,000.00 for each offence, which is held to be proved against them. In default, they are directed to undergo simple imprisonment for six months. Substantive sentences are directed to run concurrently. For the sake of convenience, the appellants/accused shall be referred in their original capacity.

(2.) The case of the prosecution projected from the police report can be summarised thus;

(3.) After committal, charge for the offences punishable under Ss. 341, 302 and 307 read with Sec. 34 of the Indian Penal Code, so also under Sec. 27 of the Arms Act and under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act came to be framed against the accused persons who abjured the guilt and claimed trial.