NATHUNI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been heard together and are being disposed off by this common judgment.

(2.) We have heard Mr. Dilip Kumar Tandon, the learned Advocate for the two appellants [Nathuni Sah in Criminal Appeal (DB) No. 941 of 2017 and Bulet Sah @ Raj Kumar in Criminal Appeal (DB) No. 935 of 2017] and Mr. Dilip Kumar Sinha, the learned APP for the State.

(3.) The appellants have been convicted under Ss. 342, 323, 324, 307, 302/34 and 120-B of the Indian Penal Code and Sec. 3(2)(v) of the SC/ST (Prevention of Atrocities) Act by the 1st Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran in Sessions Trial No. 06 of 2017, arising out of Chanpatiya P.S. Case No. 65 of 2016. By order dtd. 5/7/2017, they have been sentenced to undergo RI for six months, to pay a fine of Rs.1,000.00 and in default of payment of fine to further suffer imprisonment for 15 days under Sec. 342/34 IPC; RI for six months, to pay a fine of Rs.1,000.00 and in default of payment of fine to further suffer imprisonment for 15 days under Sec. 323/34 IPC; RI for three years, to pay a fine of Rs.1,000.00 and in default of payment of fine to further suffer imprisonment for 15 days under Sec. 324/34 IPC; RI for life, to pay a fine of Rs.25,000.00 and in default of payment of fine to further suffer imprisonment for three months under Sec. 307/34 IPC; RI for life, to pay a fine of Rs.50,000.00 and in default of payment of fine to further suffer imprisonment for six months under Sec. 302/34 IPC; RI for life, to pay a fine of Rs.25,000.00 and in default of payment of fine to further suffer imprisonment for three months under Sec. 120-B IPC and RI for life, to pay a fine of Rs.50,000.00 and in default of payment of fine to further suffer imprisonment for six months under Sec. 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.