JAGARNATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the present appeals have been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Code') challenging the judgment of conviction dtd. 17/12/2019 and order of sentence dtd. 19/12/2019 passed by learned Additional District and Sessions Judge-II, Banka in Sessions Trial No. 418 of 2017, G.R. No. 2618 of 2014, arising out of Belhar P.S. Case No. 225 of 2014 dtd. 26/12/2014, whereby the concerned Trial Court has convicted the present appellants for the offences punishable under Ss. 364, 302 read with Sec. 34 of the IPC and also under Sec. 27 of the Arms Act and held five accused persons guilty, including the appellants and sentenced them to undergo R.I. for 10 years and a fine of Rs.10,000.00 each for the offence under Sec. 364 IPC and, in default of payment of fine, they shall undergo simple imprisonment for 30 days each. All the five convicts and all the accused including the appellants have further been directed to undergo imprisonment for life and fine of Rs.10,000.00 each and, in default of payment of fine, they shall undergo S.I. for 30 days each for the offence under Sec. 302 IPC and further R.I. and fine of Rs.5,000.00 each for the offence under Sec. 27 of the Arms Act and, in default of payment of fine, further S.I. for 15 days. All the sentences have been directed to run concurrently.

(2.) The facts, leading to filing of these appeals are, as under:-

(3.) Heard learned counsel Mr. Udit Narayan Singh assisted by Mr. Gajendra Kr. Singh in Criminal Appeal (DB) No. 189 of 2020 and Mr. Ajay Mishra, learned A.P.P. for the Respondent-State.