PRABHU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts of this case, notwithstanding the consistent eyewitness account of several witnesses and oral dying declaration of the deceased before such witnesses, surprisingly but disquietingly, do not commend to us that the conviction and sentence of the appellants is justified.

(2.) We have heard Mr. Ranjay Kumar Singh and Mr. Shankar Kumar, learned Advocates for the appellants, Mr. Manoj Kumar, learned Advocate for the informant and Mr. Dilip Kumar Sinha, learned APP for the State.

(3.) The appellants have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code vide judgment dtd. 28/2/2017 passed by the learned Xth Additional District and Sessions Judge, Saran at Chapra and by order dated 8th of March, 2017, they have been sentenced to undergo imprisonment for life, to pay a fine of Rs.10,000.00 (ten thousand) each and in default of payment of fine, to further suffer simple imprisonment for six months.