DADAN OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the aforementioned appeals arise out of same Kuchila P. S. Case No. 15 of 2005 and hence, with the consent of all the parties, are being heard and disposed of by a common judgment.

(2.) Heard learned counsel appearing for the appellants and learned Additional Public Prosecutors appearing for the State.

(3.) These appeals have been filed challenging the judgment of conviction dtd. 20/1/2016 and order of sentence 25/1/2016 passed by the learned Additional Sessions Judge, III, Kaimur at Bhabua in Sessions Trial No. 129 of 2009 / Reg no. 243 of 2015 arising out of Kuchila P.S. Case No. 15 of 2005 whereby and whereunder these appellants have been convicted and sentenced to undergo rigorous imprisonment for 2 years under Sec. 148 of the Indian Penal Code and imprisonment for 7 years under Ss. 307/149 IPC with fine of Rs.5,000.00 each and in default of payment further simple imprisonment for one month. In addition, appellant, namely, Dipan Singh Yadav @ Dipnarayan Yadav @ Deepan Singh was also sentenced to under rigorous imprisonment for 5 years and fine of Rs.3,000.00 for the offence under Sec. 27 of Arms Act and in case of default of fine, appellant to undergo simple imprisonment for one month.