OM PRAKASH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) of the Code of Criminal Procedure is directed against the judgment of conviction dtd. 15/2/1996 and the order of sentence dtd. 24/2/1996 passed by the learned Sessions Judge, Deoghar in Sessions Case No.65 of 1995 whereby and whereunder the appellants, above-named, have been convicted under Sec. 302 and 307 of the Indian Penal Code and sentenced to undergo RI for life under Sec. 302 of the Indian Penal Code and RI for 5 years for the offence under Sec. 307 of the Indian Penal Code and both the sentences shall run concurrently.

(2.) At the outset, it needs to mention here that one of the appellants-co- convict, namely, Naresh Sah, had died during the pendency of the appeal and vide order dtd. 26/3/2025 the present criminal appeal qua the appellant, namely, Naresh prasad Sah stands abated. Factual Matrix

(3.) The prosecution story in brief as per the allegation made in the fardbayan by Devendra Sah @ Ravi Sah, the informant, reads as under: