POPIS YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) As both these 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 learned counsel for the appellant, Mr. Animesh Kumar Mishra, learned Amicus Curiae and learned APP for the State on these criminal appeals.

(3.) These criminal appeals have been preferred against the Judgment and Order of conviction dated 25.08.2012 and order of sentence dated 04.09.2012 passed by Adhoc Additional Sessions Judge-IV, Madhepura in Sessions Trial No. 60 of 2011 arising out of Puraini P.S. Case No. 53 of 2010, whereby the learned trial court acquitted Parmanand Yadav, Ramanand Yadav, Brajesh Yadav and Arvind Yadav and convicted the appellant Popis Yadav under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and Shyam Yadav under Section 302/34 of the Indian Penal Code and sentenced Popis Yadav to undergo imprisonment for life and also slapped him with fine of Rs. 5000/- under Section 302 of the Indian Penal Code and further sentenced him to undergo R.I. for three years under Section 27 of the Arms Act and in case of default of payment of fine, to further undergo R.I. for six months, both the sentences were directed to run concurrently and sentenced Shyam Yadav to undergo imprisonment for life and slapped him with fine of Rs. 5000/- and in default of payment of fine, to further undergo R.I. for three months under Section 302/34 of the Indian Penal Code.