RAJU GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of same judgment, therefore, they have been heard together and shall be governed by this common judgment.

(2.) ORIGINALLY there were two appellants in Criminal Appeal No. 245 of 2002 but on account of death of appellant No. 1. Sarswati Devi, during the pendency of this appeal, her appeal has already abetted as recorded in the order dated 14.3.2007. Now the sole appellant in this appeal is Raju Gupta who is younger brother of sole appellant in the other appeal. Uraa Shankar Gupta. By the impugned judgment and order dated 22.4.2002 passed by learned 7th Addl. Sessions Judge, Gaya in Sessions Trial No. 9/2000/52/2000 both the appellants have been convicted for the charge under Section 302/34 of the Indian Penal Code (IPC) for which they have been awarded rigorous imprisonment for life and a fine of Rs. 5000/ - each and in default further rigorous imprisonment for one year. They have been further convicted under Section 498(A)/34 of the IPC and sentenced to rigorous imprisonment for four years. They have also been convicted under Section 201/34 of the IPC and sentenced to rigorous imprisonment for two years. All the sentences are to run concurrently. However, the accused persons were acquitted of charge under Section 304 -B of the IPC.

(3.) AFTER completing investigation police submitted charge -sheet against the accused persons. After cognizance and commitment to the Court of sessions charges were framed against the accused persons under Sections 302/34, 498(A)/34 304 -B and 201/34 of the IPC against all the accused persons. They pleaded not guilty and were put on trial leading to their conviction as noticed above.