NIKESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Narayan, learned Senior counsel appearing on behalf of the appellants and Mr. Binod Bihari Singh, learned Additional Public Prosecutor appearing on behalf of the State in both Criminal Appeal (DB) No. 117 of 2018 and Criminal Appeal (DB) No. 199 of 2018.

(2.) Both above mentioned appeals are preferred challenging judgment of conviction dtd. 18/12/2017 and order of sentence dtd. 22/12/2017, as passed in Sessions Trial No. 107 of 2012/4868 of 2014 (arising out of Chapra Town P.S. Case No. 154 of 2011) passed by the learned Additional Sessions Judge, 9th Saran at Chapra, where appellant no. 1, Nikesh Rai @ Piyush Raj was convicted through Cr. Appeal (DB) No. 117 of 2018 for the offences alleged under Sec. 302/34 read with Sec. 120B of the Indian Penal Code and Sec. 27(1) of the Arms Act and sentenced to imprisonment for life under Sec. 302/34 and 120B of the Indian Penal Code with a fine of Rs.50,000.00 and also appellant no. 2 namely Shambhu Rai for the offences alleged under Sec. 120B read with Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs.50,000.00. Further, to convict appellant Avinash Rai in Cr. Appeal (DB) No. 199 of 2018 for the offence alleged under Ss. 302/34 and 120B of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs.50,000.00, and in case of default to pay fine, further to undergo rigorous imprisonment of six months. He was also convicted under Sec. 27(1) of the Arms Act and sentenced to undergo rigorous imprisonment for three years with fine of Rs.5000.00 and in failure of payment of fine, further undergo for rigorous imprisonment of six months.

(3.) Both above criminal appeals heard together and decided through this common judgment.