LAXMI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants in aforesaid three appeals were tried together and convicted and sentenced by the common judgment of the trial court, and as such, all the aforesaid three appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) Appellant no. 1 - Laxmi Yadav and appellant no. 2 - Manoj Yadav in Cr. Appeal ( D.B.) No. 778 of 2013 by judgment dated: 12.06.2013 have been convicted under Section 302 and 148 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and both by order dated 17.6.2013 were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each for the offence under Section 302 of the I.P.C. In default in payment of fine, they were directed to further undergo rigorous imprisonment for six months. Under Section 148 of the I.P.C. both were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each.

(3.) The sole appellant in Cr. Appeal ( D.B.) No. 678 of 2013 (Surya Narain Yadav Versus The State of Bihar) and two appellants i.e. appellant no. 1 Ram Chandra Yadav and appellant no. 2 - Pramod Yadav in Cr. Appeal (D.B.) No. 593 of 2013 by judgment dated 12.06.2013 have been convicted under Section 307 and 148 of the I.P.C. All the said three appellants by order dated 17/06/2013 have been sentenced to undergo rigorous imprisonment for seven years for the offence under Section 307 of the I.P.C. and to pay a fine of Rs. 5,000/- each. In case of default in payment of fine they have been directed to further undergo rigorous imprisonment for six months. Under Section 148 of the I.P.C. all the aforesaid three appellants by order dated 17.06.2013 have been sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 1000/- each. All the sentences have been directed to run concurrently. The judgment of conviction and sentence was passed by Sri Krishna Murari Sharan, learned Adhoc Additional Sessions Judge IV, Supaul ( hereinafter referred to as the "trial judge") in Sessions Trial No. 33 of 2002/ T.R. No. 53 of 2011 ( arising out of Pratapganj P.S. Case No. 34 of 2000).