RADHE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Ajay Kumar Thakur, the learned Advocate for the sole appellant and Mr. Abhimanyu Sharma, learned APP for the State.

(2.) The appellant has been convicted under Sec. 302 of the Indian Penal Code, vide judgment dtd. 17/2/2016 passed by the learned Sessions Judge, Begusarai in Sessions Trial No. 339 of 1993 (Computer Reg. No. 5733 of 2013) arising out of Nayagaon P.S. Case No. 38 of 1989. By order dtd. 22/2/2016, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs.5,000.00 and in default of payment of fine, to further suffer S.I. for three months.

(3.) The appellant and his late brother were made accused in Nayagaon P.S. Case No. 38 of 1989, which initially was instituted for offences under Ss. 341, 324, 307, 504/34 of the IPC, but later Sec. 302 of the IPC was added. Only the appellant was put on trial, as his brother, a co-accused, had died by the time the trial had commenced.