RANJAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, learned Senior Advocate, assisted by Mr. Pranav Kumar for the appellant in Criminal Appeal (DB) No.1145 of 2018, Kumari Sujata Sinha, learned counsel for the appellant in Criminal Appeal (DB) No.1119 of 2018 and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

(2.) Both the appeals are filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment of conviction dtd. 10/8/2018 and order of sentence dtd. 18/8/2018, passed by the court of learned Presiding Officer, F.T.C.-I, Nalanda, Biharsharif in Sessions Trial No.636/2010, arising out of Ashthawan P.S. Case No.31/2010, whereby the court has convicted the appellants for the offences punishable under Ss. 302/34 of the Indian Penal Code as well as under Sec. 27 of the Arms Act and they have been sentenced to undergo R.I. for life and to pay a fine of Rs.20,000.00 (Rs.Twenty Thousand only) for the offence punishable under Ss. 302/34 of the Indian Penal Code and in default of payment of fine, the appellants have to undergo R.I. for a period of three years. The appellants are further sentenced to undergo R.I. for three years and to pay a fine of Rs.5,000.00 (Rs.Five Thousand only) for the offence punishable under Sec. 27 of the Arms Act and in default of payment of fine, the appellants have to undergo R.I. for three months. Both the sentences have been directed to run concurrently.

(3.) As the common judgment of conviction and order of sentence is under challenge, learned counsels appearing for the parties jointly requested that both these appeals be heard together and be disposed of by common judgment. Hence, we have taken up both these appeals together for final disposal.