ALAM SARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Surendra Kishore Thakur, the learned Advocate for the appellants and Mr. Abhimanyu Sharma, the learned APP for the State.

(2.) Alam Sarwar @ Md. Alam Sarwar (appellant No. 1), who is the son of Gulam Sarwar (appellant No. 2), has been convicted under Sec. 302/34 of the Indian Penal Code (in short, the I.P.C.) and Sec. 27 of the Arms Act, whereas appellant No. 2 has only been convicted under Sec. 302/34 of the I.P.C. vide judgment dtd. 16/8/2017 passed by the learned Sessions Judge, Khagaria in Sessions Trial No. 310 of 2010, arising out of Morkahi P.S. Case No. 44 of 2009 (G.R. No. 998 of 2009). By order dtd. 22/8/2017, both the appellants have been sentenced to undergo imprisonment for life, to pay a fine of Rs.10,000.00 each and in default of payment of fine, to suffer R.I. for six months for the offence under Sec. 302/34 of the I.P.C. Appellant No. 1 has also been sentenced to undergo R.I. for three years with a fine of Rs.1,000.00 and in default of payment of fine, to further suffer R.I. for one month for the offence under Sec. 27 of the Arms Act.

(3.) There is no stipulation in the order as to whether the sentences as against appellant No. 1 would run concurrently or consecutively.