VARUN 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 Mr. Gouranga Chatterjee, learned counsel assisted by Mr. Shekhar Kumar Singh, learned counsel for the appellant (in Cr. Appeal (DB) No. 713 of 2013), Mr. Krishna Murti Singh, learned amicus curiae for the appellants (in Cr. Appeal (DB) No. 347 of 2013), Mr. Pankaj Kumar Sinha, learned counsel assisted by Mr. Kamal Kishore Jha learned counsel for the informant in both the appeals as well as Mr. Ajay Mishra learned Addl. Public Prosecutor in both the appeals.

(3.) The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dtd. 23/2/2013 and of order of sentence dtd. 26/2/2013 passed by learned Adhoc Additional Sessions Judge-II, Munger in Sessions Trial No. 49 of 2011 arising out of Mufassil P.S. Case No. 219 of 2007 whereby the learned trial court convicted the accused Varun Yadav, Rupesh Yadav @ Rupesh Kumar, Kishto Yadav, Sunil Kumar @ Sunny Yadav and Pappu Yadav for the offence punishable under Ss. 302/149, 307/149, 201 of the Indian Penal Code and Sec. 27 of the Arms Act and Patna High Court CR. APP (DB) No.713 of 2013 dt.24/1/2019 sentenced them to undergo life imprisonment under Sec. 302/149 of the Indian Penal Code and further sentenced to all the accused persons barring Kishto Yadav to undergo R.I. for ten years each under Sec. 307/149 of the Indian Penal Code. Further sentenced to all the accused persons to undergo R.I. for three years each under Sec. 201 of the Indian Penal Code and R.I. for three years each under Sec. 27 of the Arms Act and also slapped them with a fine of Rs.10000.00 each and in default of payment of fine to further undergo S.I. for three months each under the aforesaid Ss. . All the sentence were directed to run concurrently.