GURUCHARAN RISHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals are filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') wherein the three appellants-convicts have assailed the judgment of conviction dtd. 13/2/2019 and order of sentence dtd. 18/2/2019, rendered by learned 5th Additional District and Sessions Judge, Purnea in Sessions Trial No.412/2016 and 68/2017 (CIS No.422/2016 and 68/2017, Tr. No.368/2016), arising out of K. Nagar (Sree Nagar) P.S. Case No.33 of 2016, whereby the present appellants have been convicted for the offences punishable under Ss. 341, 323 and 302/34 of the Indian Penal Code and sentenced to undergo RI for life under Ss. 302/34 of the Indian Penal Code and to pay a fine of Rs.2000.00 each and in default of payment of fine, the appellants have to undergo RI for two months. The appellants have also been sentenced to undergo SI for one month under Sec. 341 of the Indian Penal Code. The present appellants have further been sentenced to undergo RI for one year under Sec. 323 of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) The prosecution story in brief is as under:

(3.) It is pertinent to note at this stage that for the occurrence which took place on 2/2/2016 at 08:00 p.m., the fardbeyan of the informant came to be recorded on 8/2/2016 and thereafter the FIR came to be registered on 9/2/2016 before the concerned police station. The said FIR was initially registered under Ss. 341, 323, 307 and 34 of the Indian Penal Code. However, thereafter the injured succumbed to the injuries and, therefore, Sec. 302 of the Indian Penal Code was also added by the Investigating Agency.