BIRENDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present appeals have been filed under section 374(2) read with section 389(1) of the Code of Criminal Procedure, 1973 against judgment of conviction and sentence dated 30 th August, 2012 and 13th September, 2012 respectively passed in Sessions Trial No. 95 of 2010 by the learned Additional District and Sessions Judge, Ad hoc-III, Madhepura, arising out of Singheshwar P.S. Case No. 14 of 2010.

(2.) Since the aforesaid three appeals arising out of the same Sessions Trial No. 95 of 2010 as well as out of the common impugned judgment of conviction and sentence dated 30 th August, 2012 and 13th September, 2012 respectively, the same have been heard together and are being disposed off by the present common judgment.

(3.) The appellant of Criminal Appeal (DB) No. 988 of 2012 i.e. Birendra Yadav has been held guilty for the offences punishable under section 302 of the Indian Penal Code and section 27 of the Arms Act and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- for the charge under section 302 IPC and in default of payment of the said fine, the said appellant has been directed to undergo further rigorous imprisonment for six months. He has been further sentenced to under go three years rigorous imprisonment for the charge under section 27 of the Arms Act. The other two appellants i.e. Lal Yadav of Criminal Appeal (DB) No. 973 of 2012 and Ashok Yadav of Criminal Appeal (DB) No. 1035 of 2012, have been held guilty for the offences punishable under sections 302 / 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default thereof they have been directed to undergo further rigorous imprisonment for three months.