SURENDRA YADAV @ SURENDER YADAV 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 learned counsels for the appellants and learned APP for the State on both these appeals.

(3.) The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dtd. 17/4/2013 and order of sentence dtd. 23/4/2013 passed against Surendra Yadav and order of sentence dtd. 29/7/2013 passed against Manohar Yadav @ Munna Yadav by the learned Additional Sessions Judge-I, Banka in Sessions Trial No.1203 of 2010, arising out of Belhar P.S. Case No. 94 of 2010, whereby the learned Trial Court convicted the accused Surendra Yadav and Manohar Yadav @ Munna under Sec. 302/34 of the Indian Penal Code (hereinafter in short referred to as the 'I.P.C.') and further convicted the accused Surendra Yadav under Sec. 27 of the Arms Act and sentenced both the accused to undergo R.I. for life and also slapped them with a fine of Rs.20,000.00 each and in default of payment of fine to further undergo R.I. for six months each under Sec. 302/34 I.P.C. and further sentenced the accused Surendra Yadav to undergo R.I. for three years and also slapped him with a fine of Rs.1000.00 each and in default of payment of fine to further undergo R.I. for one month. Both the sentences were directed to run concurrently.