VIJAY CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned amicus curiae appearing for the appellants as well as Mr. Mukeshwar Dayal, learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred by the appellants challenging the judgment of conviction dtd. 8/3/2006 and order order of sentence dtd. 9/3/2006 passed by learned Additional District and Sessions Judge, Fast Track Court No. V, Katihar in Sessions Trial No. 31 of 1993 arising out of Katihar P.S. Case No. 425 of 1992, whereby and whereunder appellants have been convicted for the offence punishable under Sec. 341, 324/34, 326/34 and 307/34 of the Indian Penal Code. Both the appellants are sentenced to undergo simple imprisonment for one month under Sec. 341 Indian Penal Code and to undergo rigorous imprisonment for three years under Sec. 324/34 IPC and further to undergo rigorous imprisonment for ten years u/s 326/34 of the IPC and fine of Rs.1000.00 and in default of payment of fine, both the accused are sentenced to undergo rigorous imprisonment for six months. Further each accused is sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1000.00 u/s 307/34 IPC and in default of payment of fine, the accused is sentenced to undergo rigorous imprisonment for six months.

(3.) On the basis of fardbeyan of Birendra Bhagat (P.W.-7), Katihar Town P.S. Case No. 425 of 1992 was registered for the offences under Ss. 342, 324, 307/34 of the Indian Penal code.