MD. ASHAB Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vivekanand Singh, the learned Advocate for the appellant in Criminal Appeal (DB) No. 793/2015. Ms. Archana Palkar Khopde, who had been appointed as Amicus has also been heard for the appellant Md. Ashab @ Md. Asahab. Ms. Surya Nilambri, the learned Advocate has assisted this Court in Criminal Appeal (DB) No. 793/2015 for the appellant / Md. Tauhid. The State is represented by Mr. Mayanand Jha, the learned APP.

(2.) Both the appellants stand convicted vide judgment dtd. 14/7/2015 passed by the learned 1st Additional Sessions Judge, Araria in Sessions Trial No. 948/10 / Trial No. 41/15 for the offence under Ss. 302/34 of the Indian Penal Code and by order dtd. 16/7/2015, they have been sentenced to undergo R.I. for life, to pay a fine of Rs.20,000.00 in default of which, they have been directed to undergo further Simple Imprisonment for one year.

(3.) The appellants are alleged to have killed the deceased/Maulana Asgar only for his fault of having flashed a torch-light which had momentarily blinded them.