SATENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 30/3/2018 Heard Sri Ravindra Kumar, learned counsel for the appellant, Ms. Shashi Bala Verma, learned Addl. Public Prosecutor as well as Sri Rakesh Kumar Singh, learned counsel, who has been assisted by Sri Anil Kumar Tiwary, learned counsel for the informant/respondent no. 2.

(2.) The present appeal has been listed under the heading "For Orders (On Petitions)" for considering the prayer for suspension of sentence and granting bail during pendency of the appeal, in view of an interlocutory application i.e. I.A. No. 792 of 2018 filed under Sec. 389(1) of the Cr.P.C. and in terms of the order of the Hon'ble Supreme Court dtd. 18/1/2018 passed in Criminal Appeal No. 117 of 2018 {Special Leave Petition (Crl.) No. 9585 of 2016}. Before proceeding, it would be necessary to incorporate certain facts.

(3.) The appellant was convicted in Sessions Trial No. 425 of 2008 (arising out of Siswan P.S. Case No. 89 of 2007) by learned 1st Additional Sessions Judge, Siwan (hereinafter referred to as the 'Trial Judge') for commission of offence under Ss. 302/120(B) of the Indian Penal Code, 1860 (for short "I.P.C.") and Sec. 27 of the Arms Act, 1959 (for short "Arms Act") and he was sentenced to undergo rigorous imprisonment for life under Ss. 302/120(B) of the I.P.C. and he was also imposed a fine of Rs.40,000.00 (forty thousand) for the same offence. Under Sec. 27 of the Arms Act, he was sentenced to undergo rigorous imprisonment for three years. In case of non- payment of fine, he was directed to undergo further imprisonment for six months. All the sentences were directed to run concurrently.