VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No. 974 of 2013 has been filed on behalf of the appellant Bhuna Singh, whereas Criminal Appeal (DB) No. 980 of 2013 has been preferred by appellant Vijay Kumar Singh. The appellants, in both these appeals, were tried together, in Sessions Case no. 1094 of 2008/Trial No. 17 of 2011, arising out of Barbigha Police Station Case No. 06 of 1991, and as such, both these appeals have been heard together and are being disposed of by this common judgment.

(2.) By the judgment, dated 20.09.2013, passed, in Sessions Case No. 1094 of 2008, by Sri Gyan Chandra Gupta, learned 1 st Adhoc Additional Sessions Judge, Sheikhpura, the appellants, Bhuna Singh and Vijay Kumar Singh, stood convicted under Section 302 of the Indian Penal Code and Section 27 (i) of the Arms Act. In consequence of their conviction under Section 302 of the Indian Penal Code, the appellants were, by the order, dated 23.09.2013, sentenced to suffer imprisonment for life and fine of Rs. 10,000/- each. In consequence of their conviction under Section 27 (i) of the Arms Act, the appellants were, by the order, dated 23.09.2013, sentenced to suffer rigorous imprisonment for a term of three years and fine of Rs. 1000/- each. In default of payment of fine, the appellants were directed to further undergo simple imprisonment for a period of two years. The sentences were directed to run concurrently.

(3.) The case of the prosecution, as unfolded by the informant Rajesh Kumar, in the fardbayan, recorded in his thatched hut, on 11.01.1991, at about 05:15 AM by Sub Inspector of Police Sheo Prasad Singh, of Barbigha Police Station, in brief, is that