MUKESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Narayan, learned Senior Counsel appearing for the appellants assisted by Mr. Jitendra Narain Sinha, Advocate, Mr. Rahul Kumar Singh, learned counsel for the informant and Ms. Shashi Bala Verma, learned APP for the State.

(2.) The Cr. APP (DB) No. 977 of 2017 has been filed by the appellants namely, Mukesh Yadav, Jalandhar Yadav, Bijay Yadav and Ramgulam Yadav @ Gulo Yadav (hereinafter referred to as 'A-1, A-2, A-3 and A-4' respectively). The Cr. APP (DB) No. 1184 of 2017 has been filed by the appellants namely, Tital Yadav @ Title Yadav and Nandan Yadav (hereinafter referred to as 'A-5 and A-6' respectively).

(3.) Both the above mentioned appeals have been preferred against the common judgment of conviction and order of sentence dtd. 29/7/2017 passed by the learned Fast Track Court 2nd, Lakhisarai in Sessions Trial No. 336 of 2010/Trial No. 45 of 2017 arising out of Surajgarha P.S. Case No. 156 of 2003 whereby and whereunder the appellants have been convicted for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code ( in short 'IPC') and for the offence under Sec. 27 of the Arms Act. The appellants have been sentenced to undergo rigorous imprisonment for life alongwith a fine of Rs.5,000.00 each for the offence under Sec. 302/34 of IPC and in default of payment of fine, they have been directed to undergo simple imprisonment for one week. The appellants have also been sentenced to undergo rigorous imprisonment for three years each for the offence under Sec. 27 of the Arms Act. Both the sentences awarded upon each of the appellants have been directed to run concurrently by the trial court.