DINESH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Before beginning the discussion in the present appeal, it is necessary to state that one of the appellants/Ajit Tiwari has claimed his juvenility on the date of the occurrence. A Co-ordinate Division Bench vide order dtd. 22/6/2017 directed the Juvenile Justice Board, Nawada to enquire into the claim of the appellant as per law after noticing the informant of the present case. In pursuance of order dtd. 22/6/2017, the Juvenile Justice Board, Nawada held enquiry with regard to the claim of juvenility of appellant/Ajit Tiwari. The Principal Magistrate, Juvenile Justice Board, Nawada reported that the appellant/Ajit Tiwari was a juvenile on the date of the occurrence i.e. 26/7/2007 as per statutory provision and on the basis of said enquiry report based on relevant statutory provision, co-ordinate Division Bench of this Court vide order dtd. 19/12/2018 granted bail to him.

(2.) Since the appellant/Ajit Tiwari (juvenile) has also challenged the impugned judgment and order of conviction and sentence, it is necessary to hear out his appeal alongwith the case of appellant/Dinesh Tiwari.

(3.) This appeal is directed against the judgment of conviction dtd. 21/2/2015 and order of sentence dtd. 25/2/2015 passed by learned Additional Sessions Judge-II, Nawada in Sessions Trial No. 85 of 2008/ 157 of 2014 arising out of Warisaliganj P.S. Case No. 78 of 2007, whereby the appellants have been held guilty for the offences punishable under Ss. 302/201/34 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and have been sentenced to undergo imprisonment for life, to pay a fine of Rs.10,000.00 each under Ss. 302/34 of the I.P.C.; rigorous imprisonment for three years, to pay a fine of Rs.5,000.00 each under Sec. 201/34 of the I.P.C. In default of payment of fine, the appellants have been directed to suffer further one year rigorous imprisonment. The sentences, however, have been ordered to run concurrently.