UDAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Passed by the learned Additional Sessions Judge, Fast Track Court-IV, Munger 2 Patna High Court CR. APP (DB) No.631 of 2007 dt.27/2/2017 2 / 17 in Sessions Trial No.339 of 2005, under Ss. 302, 364/34 and 201/34 of the Indian Penal Code as well as Sec. 27 of the Arms Act. For the offence under Ss. 302/364/34 of the Indian Penal Code, the appellants were sentenced to life imprisonment. For the offence under Sec. 201/34 of the Indian Penal Code and Sec. 27 of the Arms Act, the appellants were sentenced to 3 years under each of the counts. However, all the sentences were directed to run concurrently.

(2.) The sole appellant of Cr. Appeal (DB) No.463 of 2012, namely, Satish Yadav has been convicted under Ss. 302/34, 364/34, 307/34 and 201/34 of the Indian Penal Code and Sec. 27 of the Arms Act vide judgment of conviction, dtd. 13/3/2012 and order of sentence, dtd. 14/3/2012, passed by the learned Additional Sessions Judge, Fast Track Court-IV, Munger in Sessions Trial No.140 of 2008. He too has been sentenced to undergo imprisonment for life with a fine of Rs.5000.00, each, under Ss. 302/34 and 364/34 of the Indian Penal Code. Furthermore he has been sentenced to 10 years rigorous imprisonment along with a fine of Rs.2000.00 for the offence under Sec. 307/34 of the Indian Penal Code and 3 years rigorous imprisonment and a fine of Rs.1000.00 under Sec. 201/34 of the Indian Penal Code. The appellant has been sentenced to 3 years rigorous imprisonment and a fine of Rs.1000.00 under Sec. 27 of the Arms Act and in default of payment of fine, appellant would 3 Patna High Court CR. APP (DB) No.631 of 2007 dt.27/2/2017 3 / 17 undergo 2 years extra simple imprisonment. All the sentences were directed to run concurrently.

(3.) The prosecution case in short, as made out in the fardbeyan of Shailendra Kumar, Son of Arvind Prasad Yadav of Village Diyara Chandanpur, P.S. Falka, District Katihar recorded by S.I. Navin Kumar, Officer-in-Charge, Muffasil P.S. on 21/10/2004 at 10.00 A.M. at Satsang Bhawan, Shankarpur, is as follows:-