SUGRIV CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vikram Deo Singh, learned counsel for the appellants, Mr. Abhimanyu Sharma learned Addl. Public Prosecutor appearing for the State being assisted by Mr. Kumar Sunil, learned counsel for the informant.

(2.) These appeals are directed against the judgment of conviction dtd. 18/1/2012 and the order of sentence dtd. 24/1/2012, passed by Shri Harendra Nath Tiwary, Sessions Judge, Kaimur at Bhabhua in Sessions Trial No. 311 of 2010, whereby and whereunder the all appellants have been convicted under Sec. 302/34 and sec. 341 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life with a fine of Rs.15,000.00 each and in default of payment of fine they have been further directed to undergo rigorous imprisonment for six months. The appellant, Sugriv Chaubey has further been convicted under sec. 27 Arms Act and has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.2,000.00 and in case of default of payment of fine he has been directed to undergo rigorous imprisonment for three months. Both the sentences in respect of Sugriv Chaubey has been directed to run concurrently.

(3.) These appeals were heard earlier and were disposed of by this Court by the judgment of acquittal dtd. 10/4/2019. The informant assailed the aforesaid judgment before the Hon'ble Supreme Court in Cr. Appeal Nos. 10-11 of 2020 arising out of S.L.P. (Crl.) No. 5740-5741 of 2019 and the Hon'ble Supreme Court by order dtd. 7/1/2020 set aside the aforesaid judgment of acquittal and remanded the matter to this Court for disposal afresh.