SUNIL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Code') against the impugned judgment of conviction dtd. 8/6/2018 and order of sentence dtd. 13/6/2018, passed by learned Additional District and Sessions Judge-IInd, Munger, in Sessions Trial No.241 of 2017, arising out of Kasim Bazar P.S. Case No.81 of 2017, whereby the concerned Trial Court has convicted and sentenced the present appellant for the offences punishable under Sec. 302 of the Indian Penal Code and also imposed a fine of Rs.2,000.00 and, on failure to deposit the same, the appellant shall serve simple imprisonment for three months. Further, the appellant shall have to undergo three years of rigorous imprisonment and fine of Rs.2,000.00 for the offence punishable under Sec. 27 of the Arms Act and, in default of payment of fine, he shall have to undergo simple imprisonment for three months.

(2.) The prosecution story, in a nutshell, is as under:-

(3.) Heard Mr. Ashutosh Nath assisted by Mr. Nishant Kumar Sinha, learned counsel for the appellant and Mr. Sujit Kumar Singh, learned APP for the Respondent-State.