BISHNU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Praveen Kumar, the learned Advocate for the appellant/ Bishnu Yadav @ Bishundev Yadav @ Bishnudeo Yadav and Mr. Dilip Kumar Sinha, the learned APP for the State.

(2.) The appellant has been convicted under Sec. 498-A and 302 of the Indian Penal Code vide judgment dtd. 29/6/2016 passed by the 4th Additional and Sessions Judge, Banka in Sessions Trial No. 156 of 2015/ Trial No. 338 of 2016. By order passed on the same date i.e. on 29/6/2016, the appellant has been sentenced to undergo imprisonment for life, to pay a fine of Rs.10,000.00 and in default of payment of fine to further suffer RI for six months for the offence under Sec. 302 IPC. No separate sentence appears to have been passed under Sec. 498-A IPC. Despite this, the Trial Court has directed that both the sentences shall run concurrently.

(3.) There appears to be some non-application of mind while sentencing the appellant.