STATE OF BIHAR Vs. SAMSHER MIYAN

JUDGEMENT

(1.) The appellants Furchan Miyan @ Fuchan Miyan, Samsher Miyan and Guddu Miyan have been held guilty vide order dtd. 9/3/2021 passed in Sessions Trial No.209 of 2019 arising out of Ara Town P.S. Case No.739 of 2018 by the learned Additional Sessions Judge-IXth, Bhojpur at Ara to the charges under Ss. 302 read with 34, 307 read with 34, 387 read with 34 and 120B of the Indian Penal Code (for short 'IPC') and Sec. 27 of the Arms Act.

(2.) Consequent upon the conviction, vide order dtd. 14/6/2021, the aforesaid convicts have been sentenced to death and to pay a fine of Rs. one lakh each for the offence punishable under Sec. 302 read with 34 of the IPC, rigorous imprisonment for ten years and a fine of Rs. 50,000/- each for the offence punishable under Sec. 307 read with 34 of the IPC, rigorous imprisonment for seven years and a fine of Rs. 50,000/- each for the offence punishable under Sec. 387 read with 34 of the IPC, rigorous imprisonment for seven years and a fine of Rs. 50,000/- each for the offence under Sec. 120B of the IPC and rigorous imprisonment for seven years and a fine of Rs. 10,000/- each for the offence punishable under Sec. 27 of the Arms Act and in default of payment of fine to undergo simple imprisonment for a further period of three months. The Trial Court has directed that all the sentences shall run concurrently.

(3.) Reference made by the Trial Court under Sec. 366 of the Code of Criminal Procedure (for short 'CrPC') for confirmation of death sentence awarded to the convicts in the aforesaid sessions trial has been registered as Death Reference No.07 of 2021.