VIJAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal under Sec. 374 (ii) of the Code of Criminal Procedure (hereinafter described as 'CrPC' in short) filed by the convict assailing the judgment of conviction dtd. 11/4/2018. and the order of sentence dtd. 17/4/2018 passed by the learned Additional Sessions Judge IIIrd Court, Araria in Sessions Trial No. 203 of 2017 arising out of Araria P.S. Case No. 856 of 2017. whereby and whereunder the appellant was convicted under Sec. 302/34 of the IPC and sentenced to rigorous imprisonment for life and fine of Rs.1,00,000.00, in default of non payment of fine further simple imprisonment of one year and he was further convicted for committing offence under Sec. 201 of the IPC and sentenced for rigorous imprisonment for three years and fine of Rs.10,000.00 only, in default S.I. for further period of three months. Substantive sentence of R.I. was directed to run concurrently.

(2.) It is needless to say that the appellant has been in custody approximately for more than 7 years while suffering sentence.

(3.) We are not constrained to note that this case is a classic example of conviction upon inadmissible evidence by the learned trial Judge. Subsequent to the filing of the appeal, the appellant preferred a series of applications for suspension of sentence and bail, but his prayer was constantly rejected by this Court, also relying on inadmissible evidence.