SHAMBHU SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is filed under Sec. 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') against the judgment of conviction dtd. 24/7/2017 and the order of sentence dtd. 27/7/2017, rendered by learned Ad-hoc Additional District and Sessions Judge, F.T.C.-VI, Aurangabad in Sessions Trial No. 247 of 2013/46 of 2017, arising out of Pauthu P.S. Case No. 65 of 2010, whereby the Trial Court has convicted the appellant herein for the offences punishable under Ss. 302/34 of the Indian Penal Code as well as under Sec. 27 of the Arms Act and he has been sentenced to undergo R.I. for life alongwith fine of Rs.10,000.00 for the offences punishable under Ss. 302/34 of the Indian Penal Code and in default of payment of fine, the appellant has to undergo S.I. for six months. The appellant is further sentenced to undergo R.I. for three years alongwith fine of Rs.10,000.00 for the offence punishable under Sec. 27 of the Arms Act and in default of payment of fine, the appellant has to undergo S.I. for six months. All the sentences are directed to run concurrently.

(2.) The factual matrix of the present case is as under:-

(3.) Heard Mr. Ravindra Kumar, learned counsel for the appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.