STATE OF BIHAR Vs. KAILASH PASWAN; SURESH MANDAL

JUDGEMENT

(1.) Under challenge, in these present appeals, are the judgment, dated 06.07.2013, passed, in Sessions Trial No.528 of 2012, arising out of G.R.No.1877 of 2012/Jainagar Police station Case No. 122 of 2012, by learned 3rd Additional Sessions Judge, Madhubani, and the order, dated 09.07.2013, whereby sentences have been imposed on the accusedappellants.

(2.) By the impugned judgment, learned trial Court has convicted the accused-appellants under Sections 376 and 302 read with Section 34 of the Indian Penal Code. Consequent upon their conviction under Section 376 read with Section 34 of the Indian Penal Code, while both the accused-appellants have been sentenced to imprisonment for life and pay a fine of Rs.10,000/- each and, in default of payment of fine, suffer rigorous imprisonment for a period of three months. Following their conviction under Section 302 read with Section 34 Indian Penal Code they have been sentenced to death.

(3.) The case of the prosecution, as revealed by the fardbeyan of Jai Prakash Kunwar (the informant), recorded by S.I. Pawan Kumar Singh, S.H.O., Jainagar Police Station, on 29.06.2012, at 04.00 hrs., at Primary Health Center, Jainagar, is as follows:-