LADDU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have arisen out of judgment, dated 20.12.2011, passed, in Sessions Trial Nos. 220 of 2004, 221 of 2004 and 222 of 2004, arising out of Khagaria Rail P.S. Case No. 54 of 2002, by learned Additional Sessions Judge, F.T.C. -3, Khagaria, convicting the present two appellants, namely, Laddu Sah and Ranjeet Singh, under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, learned trial Court has, vide impugned order, dated 22.12.2011, sentenced the appellants to undergo imprisonment for life with fine of Rs. 5,000/ - each and, in default of payment of fine, suffer Simple Imprisonment for two months and to further suffer, for their conviction under Section 27 of the Arms Act, 1959, rigorous imprisonment for two years with fine of Rs. 1,000/ - each and, in default of payment, suffer Simple Imprisonment for one month, all the sentences having been directed to run concurrently.

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

(3.) IN support of their case, prosecution examined altogether 12 witnesses. All the accused aforementioned were, then, examined under Section 313(1)(b) Cr.P.C. and, in their examinations aforementioned, they denied that they had committed the offences, which were alleged to have been committed by them, the case of defence being that of denial and of the accused having been falsely implicated due to dispute with the deceased and his family. No evidence was adduced by the defence.