KARAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and Ms. Shashi Bala Verma, learned Additional P.P. for the State.

(2.) The present appeal arises out of the judgment of conviction dtd. 1/6/2019 and order of sentence dtd. 13/6/2019 passed by learned Additional District and Sessions Judge-III, Munger in Sessions Trial No. 222 of 2016 (State vs. Karan Yadav and Anr.) whereby and whereunder the learned trial court has convicted this appellant for the offences punishable under Sec. 302 of the Indian Penal Code (in short 'IPC') and Sec. 27 (1) of the Arms Act for murder of the deceased Gulshan Yadav @ Sarwan Yadav by firearm and sentenced him to undergo imprisonment for life for the offence under Sec. 302 IPC and to pay a fine of Rs.2,000.00 only. On failure to pay the fine, the appellant shall undergo an additional simple imprisonment for a period of two months. He has been further sentenced for five years for the offence under Sec. 27(1) of the Arms Act and has been directed to pay a fine of Rs.2,000.00. In default of payment of fine, he will have to undergo simple imprisonment for a period of two months. All the sentences are to run concurrently except imprisonment in default of payment of fine.

(3.) The prosecution story is contained in the fardbeyan of Jitendra Kumar aged about 16 years, son of Jairam Yadav of village Kunnath Mohanpur, P.S. - Gauradih in the District of Bhagalpur. The English translation of the fardbeyan of the informant, who is brother of the deceased are as under:-