BIPIN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Pravina Kumari, learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar, learned APP for the State.

(2.) The present appeal has been filed under Sec. 374 (2) of the Code of Criminal Procedure challenging the judgment of conviction dtd. 11/3/2014 and order of sentence dtd. 14/3/2014 passed by the Adhoc Additional District and Sessions Judge, Bhagalpur in S.T. No.1403/04, arising out of Sultanganj P.S. Case No. 27/1996, whereby and whereunder the appellants have been convicted for the offence punishable under Sec. 307 and 34 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for three years along with a fine of Rs.2,000.00 each and in default of payment of fine to further undergo simple Imprisonment for six months. Further appellant no.3 has been convicted for the offence punishable under Sec. 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for two years and a fine of Rs.1,000.00 and in default of payment of fine to further undergo imprisonment for three months.

(3.) During the pendency of this appeal, the appellant no.2 namely, Shiv Shahi Yadav had died and as such the present appeal stood abated as against him and therefore, now, this appeal is restricted only with respect to appellants no.1 and 3.