MUKESH SINGH Vs. STATE OF BIHAR

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. Bindhyachal Singh assisted by Mr. Vipin Kumar Singh and Ms. Smriti Singh, learned counsels for the appellant in Cr. Appeal (DB) No. 853 of 2013, Mr. Ranjeet Kumar Pandey, learned counsel for the appellant in Cr. Appeal (DB) No. 962 of 2013 and Mr. Ajay Mishra learned Additional Public Prosecutor in both these appeals.

(3.) The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dtd. 26/7/2013 and order of sentence dtd. 29/7/2013 passed by the learned 1stAdditional Sessions Judge-cum-Special Judge SC/ST Act, Gopalganj in Sessions Trial no. 101 of 2010, arising out of Gopalganj P.S. Case No. 220 of 2009, whereby the learned Trial Court convicted the accused Mukesh Singh and Harendra Prasad for the offence punishable under Sec. 302/34 of the Indian Penal Code (hereinafter in short referred to as the 'I.P.C.') and Sec. 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') and sentenced them to undergo imprisonment for life and also slapped them with a fine of Rs.10,000.00 each and in default of payment of fine to further undergo S.I. for one year under Sec. 302/34 I.P.C. and further sentenced them to undergo imprisonment for life and also slapped them with a fine of Rs.10,000.00 each and in default of payment of fine to further undergo S.I. for one year under Sec. 3 (2) (v) of the SC/ST Act. Both the sentences were directed to run concurrently.