BINOD KUMAR JAYASWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, appellant/accused, Binod Kumar Jayaswal is challenging the Judgment and order dtd. 30/11/1995 and 1/12/1995 passed by the learned 2nd Additional Sessions Judge, Khagaria in Sessions Case No. 161 of 1994, thereby convicting him of the offences punishable under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act. For the offence punishable under Sec. 302 of the Indian Penal Code, the appellant is sentenced to suffer rigorous imprisonment for life. For the offence punishable under Sec. 27 of the Arms Act, he is sentenced to suffer rigorous imprisonment for five years. It is directed that the substantive sentences shall run concurrently. For the sake of convenience, the appellant shall be referred to in his original capacity as "an accused".

(2.) Facts in brief leading to the prosecution of the accused can be summarized thus:-

(3.) After hearing the parties, the learned trial court was pleased to acquit the accused of the offences punishable under Sec. 304(B) of the Indian Penal Code as well as Ss. 3 and 3 of the Dowry Prohibition Act. He was however convicted convicted and sentenced for the offences punishable under Sec. 302 of the Indian Penal code and Sec. 27 of the Arms Act as indicted in the opening para of this Judgment.