PRAFULLA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals on behalf of Prafulla Kumar Singh and Basistha Narayan Singh arise out of judgment dated 18.07.1991 passed by the learned 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No.594 of 1990 by which the two appellants were held guilty of committing offence under Section 302/34 I.P.C, while the 3rd accused on trial, namely, Narendra Kumar Singh, was given benefit of doubt and acquitted of the charge. The two appellants were heard on sentence on 19th of July, 1991. and while appellant Basistha Narayan Singh was directed to suffer rigorous imprisonment for life as also to pay a fine of Rs.1000/ - without there being any direction as to what shall happen in case of default in making the payment of fine, the other appellant Prafulla Kumar Singh was also sentenced to rigorous imprisonment for life but was not directed to pay any amount of fine considering that he was a student.

(2.) THE two appellants are before us through the present appeals to challenge the correctness of the findings and appropriateness of the order of sentence.

(3.) P .W.6, the informant, tooked at the dead body and found that indeed a muffler had been used as a ligature to strangulate B.K. Singh to death.