JITENDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned Spl. P.P. for the State and learned counsel for the informant.

(2.) These criminal appeals arise out of same judgment of conviction and order of sentence and hence they have been heard together and are being disposed of by this common judgment.

(3.) The criminal appeals have been preferred against the judgment of conviction dtd. 16/1/2018 and the order of sentence dtd. 25/1/2018 passed by the learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, Begusarai in Sessions Trial No. Balia 65 of 2016 arising out of Balia P.S. case No.65 of 2016, whereby and whereunder the appellants have been convicted under Ss. 302/34 of the Indian Penal Code (hereinafter 'I.P.C.'), Sec. 27 of the Arms Act and Ss. 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (hereinafter 'SC/ST Act'). The appellants have been sentenced to undergo imprisonment for life and have been awarded fine of Rs.20,000.00 under Sec. 302 of the I.P.C. and in default of payment of fine, simple imprisonment for one year. Patna High Court CR. APP (DB) No.288 of 2018 dt.12/5/2023 They have been further sentenced to undergo rigorous imprisonment for five years and have been awarded fine of Rs.5000.00 under Sec. 27 of the Arms Act and in default of payment of fine, simple imprisonment for three months. They have also been sentenced to undergo imprisonment for life and have been awarded fine of Rs.20,000.00 under Sec. 3(2)(v) of the SC/ST Act and in default of payment of fine, simple imprisonment for one year. All the sentences of the appellants have been directed to run concurrently. 3. The prosecution case as per written information (Ext.