LAWS(PAT)-2018-12-124

AKBAR @ MD. AKBAR Vs. STATE OF BIHAR

Decided On December 04, 2018
Akbar @ Md. Akbar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) As both the aforesaid criminal appeals have cropped up from the same judgment and order of conviction and sentence, hence, they are taken up together for consideration and disposed of by this common judgment.

(2.) Heard Mr. Prabhakar Thakur, learned amicus curiae for the appellants, learned APP for the State and learned counsel for the informant on the aforesaid two Criminal Appeals.

(3.) The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dtd. 24/1/2013 and order of sentence dtd. 5/2/2013 passed by learned 1st Addl. Sessions Judge, Araria in Sessions Trial no. 533 of 2002 Trial No. 55 of 2005 arising out of Araria P.S. Case No.253 of 2000 whereby the learned trial court convicted the accused Md. Nayeem for the offence punishable under Ss. 307, 324, 452, 148 and 323 of the I.P.C., Md. Samim for the offence punishable under Ss. 307, 452, 148 and 323 IPC and accused Md. Akbar, Md. Nasimuddin and Muzahid for the offence punishable under Ss. 452, 148 and 323 of the Indian Penal Code and sentenced each of five accused persons to undergo R.I. for one year under Sec. 148 IPC, R.I. for six months under Sec. 323 of the IPC, R.I. for five years and also slapped them with a fine of Rs.2000.00 and in default of payment of fine to further undergo S.I. for six months under Sec. 452 IPC, further sentenced convict Md. Nayeem to undergo R.I. for two years under Sec. 324 of the IPC and R.I. for 10 years and also slapped him with a fine of Rs.5,000.00 and in default of payment of fine, to further undergo S.I. for one year under Sec. 307 of the I.P.C. and further sentenced convict Samim Akhtar to undergo R.I. for 10 years and also slapped him with a fine of Rs.5,000.00 and in default of payment of fine to further undergo S.I. for one year under Sec. 307 IPC. All the sentences were directed to run concurrently.