MITHILESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal has been filed by the I. A. Ansari & S. P. Singh, J,J. accused -appellant, Mithilesh Singh, against judgment of conviction, dated 20.02.2013, under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, passed by the learned Adhoc Additional Sessions Judge -II, Jehanabad, in Sessions Trial No. 104 of 2011/133 of 2011, arising out of Karpi P.S. Case No. 107 of 2004, pertaining to G.R. No. 1857 of 2004. Following his conviction, the accused -appellant, Mithilesh Singh, has been sentenced, by order, dated 22.02.2013, to suffer imprisonment for life and pay a fine of Rs.10,000/ - (Ten thousand), and, in default, to pay the fine, suffer rigorous imprisonment for one year, and, for his conviction under Section 27 of the Arms Act, 1959, the accused -appellant, Mithilesh Singh, has been sentenced to suffer rigorous imprisonment for three years and pay a fine of Rs.500/ -, and, in default thereof, to undergo simple imprisonment of three months. However, both the sentences have been ordered to run concurrently.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as follows:

(3.) WHEN a charge, under Section 302 read with Section 34 of the Indian Penal Code, was framed against the said three accused, they all pleaded not guilty. In addition thereto, a charge, under Section 27 of the Arms Act, 1959, was also framed against the said three accused persons. To the charge so framed, all the said three accused pleaded not guilty.