MD. DANISH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Against the judgment of conviction and order of sentence dtd. 1/5/2017 and 9/5/2017 respectively, passed by the learned Additional District and Sessions Judge-II, Siwan in Sessions Trial No. 41 of 2013 (G.R. No. 3536 of 2012), arising out of Hussainganj P.S. Case No. 248 of 2012, whereby four accused persons were convicted and sentenced to undergo RI for ten years, to pay a fine of Rs.25,000.00 each for the offence under Sec. 307 read with Sec. 120-B of the IPC and RI for ten years, to pay a fine of Rs.25,000.00 each for the offence under Sec. 326/34 of the IPC, five appeals were filed before this Court; three being appeals preferred by four of the acccused/convicts and the other two being Government Appeal seeking enhancement of sentence under Sec. 307 of the IPC and an appeal by the victim for adequate compensation under Sec. 372 of the Code of Criminal Procedure.

(2.) The prayer for suspension of sentence of the convicts were rejected by different Benches. Those appeals were listed before the Single Judge as the maximum sentence was of ten years.

(3.) Since the Government Appeal under Sec. 377 of the Cr.P.C. and the appeal by the victim under Sec. 372 of the Cr.P.C. were listed before the Division Benches, some of the SJ appeals were directed to be listed before the Division Bench where the Government Appeal and the appeal under Sec. 372 of the Cr.P.C. were listed.