ARJUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been filed against the judgment dtd. 22/11/2022 and the order dtd. 24/11/2022 passed in Sessions Trial No. 675 of 2009, arising out of Taraiya P.S. Case No. 54 of 2009 (hereinafter referred to as the 'impugned judgment and order' respectively) by learned Additional District and Sessions Judge-IXth, Saran at Chapra (hereinafter referred to as the 'learned trial court').

(2.) By the impugned judgment, the learned trial court held respondent no. 2 (Cr. Appeal (DB) No. 203 of 2023) guilty of the offence punishable under Sec. 304 Part II of the Indian Penal Code (in short 'IPC'). The respondent no. 2 has been sentenced to undergo five years rigorous imprisonment for the offence under Sec. 304 Part II of the IPC with a fine of Rs.20,000.00 . In default of payment of fine, he has been ordered to undergo three months simple imprisonment. All sentences shall run concurrently. The learned trial court has, however, acquitted the respondent no. 2 of the charge under Sec. 302 IPC.

(3.) The appellant in Cr. Appeal (DB) No. 203 of 2023 is the informant of the case who is aggrieved by the impugned judgment whereby the Respondent No. 2 has been acquitted of the charge under Sec. 302 IPC and has been convicted for a lesser offence i.e. culpable homicide not amounting to murder.