LAWS(PAT)-2023-1-43

MOHAN PRASAD Vs. STATE OF BIHAR

Decided On January 12, 2023
MOHAN PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Mr. Bimlesh Kumar Pandey, learned counsel for the appellants and Mr. Sadanand Paswan, learned APP for the State are present and they are heard.

(2.) No one appears on behalf of the respondent No.2 despite notice having been served upon the close relative of the said respondent No.2.

(3.) This appeal has been preferred against the judgment of conviction and order of sentence dtd. 15/11/2021 and 1/12/2021 respectively passed by learned Additional District and Sessions Judge 1st-cum-Special Judge (SC/ST), Bettiah, West Champaran in Session Trial Case No.654 of 2016 (arising out of Bettiah (Muffasil) P.S. Case No. 559 of 2015) whereby and where-under the appellants have been held guilty and convicted for the offences punishable under Ss. 323, 341, 325, 504 and 506 of the Indian Penal Code, (in short IPC) and under Sec. 3(1)(x) of SC/ST (POA) Act and the appellants have been sentenced to undergo simple imprisonment for six months and to pay fine of Rs.500.00 under Sec. 323 of IPC and in default of making payment the appellants will be liable for simple imprisonment for one month, and under Sec. 341 of IPC they have been sentenced to pay fine of Rs.500.00 and in default of making payment of fine the appellants will be liable for the simple imprisonment for five days and under Sec. 504 of IPC and they have been sentenced to undergo for simple imprisonment of one year and to pay a fine of Rs.5000.00 and in default of making payment of fine, the appellants will be liable for additional imprisonment for two months and under Sec. 506 of IPC they have been sentenced to undergo simple imprisonment of one year and to pay fine of Rs.5,000.00 and in default of making payment of fine, the appellants will be liable for additional imprisonment for two months and under Sec. 3 (1)(x) of SC/ST (POA) Act they have been sentenced to undergo simple imprisonment for four years and to pay fine of Rs.10,000.00 and in default of making fine, the appellants will be liable for additional imprisonment for six months and all the sentences of imprisonment have been ordered to run concurrently.