VANSH PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present matters arise out of a same judgment of conviction and order of sentence dtd. 11/6/2008 passed by the learned Additional District and Sessions Judge, F.T.C.-II, Kaimur at Bhabhua (hereinafter referred to as 'Trial Court ') in Sessions Trial No. 8 of 2004/25 of 2008, whereby the opposite party no.2 (appellant in the connected appeal) has been convicted under Ss. 325, 452 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC ') and sentenced to undergo rigorous imprisonment for seven years along with fine.

(2.) Two proceedings have been preferred against the said judgment -one, a criminal revision filed by the informant (now deceased represented by her legal heirs) against acquittal of accused Fauzdar Yadav under Sec. 302 of the IPC, contending that the evidence on record clearly establishes the offence of murder; and the other, a criminal appeal filed by the convict challenging his conviction and sentence, asserting false implication and insufficiency of evidence.

(3.) Since both the revision and the appeal arise out of the same impugned judgment and involve common questions of fact and law, they have been heard together and are being disposed of by this common judgment.