RAM LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code') challenging the judgment of conviction dtd. 23/8/2012 and the order of sentence dtd. 28/8/2012 passed by learned Additional Sessions Judge-III, Ara, Bhojpur, in Sessions Trial No. 295 of 2009 arising out of Barhara P.S. Case No. 24 of 2008, whereby and whereunder the appellant No.1, namely, Ram Lal Singh has been convicted for the offence punishable under Sec. 302/34 of the Indian Penal Code ('IPC' for short) and has been sentenced to undergo life imprisonment and a fine of Rs.5,000.00 and in default of payment of fine to undergo simple imprisonment for one month. Appellant No.2, namely, Chhote Singh, has been convicted for the offence punishable under Sec. 302 of the IPC and Sec. 27 of the Arms Act and has been sentenced to undergo imprisonment for life with fine of Rs.3,000.00for the offence under Sec. 302 of the IPC and three years rigorous imprisonment for the offence under Sec. 27(1) of the Arms Act with fine of Rs.1,000.00. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for one month. Both the sentences have been directed to run concurrently.

(2.) The facts of the present case, in a nutshell, is as under:-

(3.) Before the trial court, the prosecution examined 12 witnesses and also produced the documentary evidence. Thereafter, the statement of the accused under Sec. 313 of the Code came to be recorded.