ASHWINI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) UNDER challenge, in the present appeals, are the judgment, dated 10.07.2009, passed, in Sessions Trial No. 654 of 2007, by learned Additional Sessions Judge, Fast Track Court No. 1, Banka, and the order, dated 20.07.2009, whereby various sentences have been passed against the accused -appellants.

(2.) BY the impugned judgment, learned trial Court has convicted the accused -appellant, Ashwini Choudhary, under Section 302 read with Section 34. of the Indian Penal Code and accused -appellant, Pawan Choudhary, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Following his conviction under Section 302 read with Section 34 of the Indian Penal Code, the accused -appellant, Ashwini Choudhary, has been sentenced to undergo imprisonment for life. Following his conviction under Section 302 of the Indian Penal Code, the accused -appellant, Pawan Choudhary, too, has been sentenced to undergo imprisonment for life. This apart, consequent upon his conviction under Section 27 of the Arms Act, 1959, the accused -appellant, Pawan Choudhary, has been sentenced to undergo rigorous imprisonment for three years.

(3.) AT the trial, when a charge, under Section 302 read with Section 34 of the Indian Penal Code, was framed against accused Ashwini Choudhary and accused Pawan Choudhary, both the accused aforementioned pleaded not guilty thereto. Yet another charge was framed under Section 27 of the Arms Act, 1959. To this charge, too, both the accused aforementioned pleaded not guilty.