MUNNA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by the appellant/convict under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as the 'Code') challenging the order of conviction dtd. 6/11/2015 and order of sentence dtd. 9/11/2015 passed by learned 10th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 268 of 2013 arising out of Kazi Mohammadpur P.S. Case No. 313 of 2012, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Ss. 302, 376 read with 511 of the Indian Penal Code (hereinafter referred as the 'I.P.C.'), whereby the appellant has been sentenced to undergo R.I. for life for the offence under Sec. 302 of I.P.C. and a fine of Rs.5,000.00 has also been imposed, and in default of payment of fine, he has been awarded three months S.I. Further the appellant has been directed to undergo R.I. for five years for offence under Sec. 376/511 of I.P.C. and a fine of Rs.5,000.00 has been imposed and in default of payment of fine, he has been awarded three months simple imprisonment. Both the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is as under:-

(3.) After recording the fardbeyan of the daughter of the deceased namely Nikki Kumari, a formal F.I.R. was registered. Thereafter, the Investigating Officer carried out the investigation and, during the course of the investigation, he had recorded the statement of the witnesses, prepared the Inquest Panchnama and sent the dead body of the deceased for the post mortem. After the investigation was over, the Investigating Officer filed the charge-sheet against the appellant/accused before the concerned Magistrate Court. However, as the case was exclusively triable by the Court of Sessions, the concerned Magistrate Court committed the same to the Sessions Court where the same was registered as Sessions Trial No. 268 of 2013.