STATE OF BIHAR Vs. PANKAJ CHOUDHRAY @ PAPPU CHOUDHARY

JUDGEMENT

(1.) BOTH these appeals have been preferred against the judgment and order dated 30.09.2005 and 17.10.2005 respectively Patna High Court G. APP. (DB) No.3 of 2006 dt.01-11-2012 2 passed by the learned Additional Sessions Judge, F.T.C.V, Khagaria in Sessions Trial No.261 of 2002 by which appellant of Cr. Appeal No.574/2005 namely Pankaj Choudhary @ Pappu Choudhary has been convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000.00 and in default of the payment of fine, to undergo simple imprisonment for one year for the offence punishable under Section 304 (II) of the Indian Penal Code (hereinafter referred to as the ,,I.P.C.) and further sentenced to undergo rigorous imprisonment for two years and a fine of Rs.1000.00 and in default of payment of fine, to undergo simple imprisonment for six months for the offence punishable under Section 27 of the Arms Act and both the sentences have been ordered to run concurrently. By this impugned judgment, the learned trial court has acquitted Shashikant Choudhary (respondent no.2 in Govt. Appeal No.3 of 2006).

(2.) SINCE both these appeals arise out of the aforesaid common judgment dated 30.09.2005 passed in Sessions Trial No.261 of 2002, as such, both these appeals have been heard together and are being disposed of by this common judgment.

(3.) DURING trial, the accused Dinesh Chaudhary absented, as such, his bail bond was cancelled and his trial was separated from the rest of the accused and he was declared absconder vide order dated 14.11.2003 passed by the learned trial court.