PRAYAG CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shashank Shekhar, learned counsel appearing on behalf of the appellants and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State.

(2.) From perusal of record, it appears that appellant nos. 1 and 2 were on bail in terms of order dtd. 23/4/2004 whereas appellant no. 3 was granted bail in terms of order dtd. 25/6/2004 as passed by one of the learned coordinate Bench of this Court.

(3.) This memo of appeal has been filed on behalf of the appellants under Sec. 374(2) of the Code of Criminal Procedure (in short the, 'Cr.P.C.') against the judgment of conviction and sentence dtd. 28/1/2004 passed in Sessions Trial No. 162 of 1993 by learned Additional District & Sessions Judge, F.T.C.-I, Civil Court, Bettiah, whereby and whereunder the appellant namely, Ram Nath Choudhary has been sentenced to undergo rigorous imprisonment for six years for the offfence under Sec. 307 of the I.P.C. and further sentenced to undergo simple imprisonment for one month under Sec. 341 of the I.P.C., whereas appellant namely, Prayag Choudhary and Lal Babu Choudhary are sentenced to undergo rigorous imprisonment for six months under Sec. 323 of the I.P.C. and one month simple imprisonment under Sec. 341 of the I.P.C. and directed that sentences of each appellant shall run concurrently.