MAHESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been heard together and are being disposed of by this common judgment.

(2.) The appellants have been convicted under Sections 396 and 412 of the Indian Penal Code (in short the I.P.C.) by judgment dated 20.01.2016, passed by the learned 12th Addl. District and Sessions Judge, Muzaffarpur in Sessions Trial No. 553 of 1993, arising out of Sakra P.S. Case No. 265 of 1992, and by order dated 23.01.2016, they have been sentenced to undergo rigorous imprisonment for ten years, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer imprisonment for one year for the offence under Section 396 of the I.P.C. and rigorous imprisonment for five years, to pay a fine of Rs. 2,000/- each and in default of payment of fine, to further suffer imprisonment for six months for the offence under Section 412 of the I.P.C. The sentences have been directed to run concurrently.

(3.) Recovery of the looted articles from the constructive possession of the appellants is the basis for convicting and sentencing them in the aforesaid case.