ASHWANI KUMAR SINGH, J.:–By a judgment pronounced on 20.07.2009 in Sessions Trial No.52 of 1982 arising out of Balia P.S.Case No.11 of 1978, the learned Additional Sessions Judge-II, Begusarai found appellant no.1 Md. Abdul Kalam and appellant no.2 Md. Hifizur @ Bauka guilty under Section 307/34 of the Indian Penal Code. By the same judgment he found appellant no.3 guilty under Sections 307/34, 326 of the Indian Penal Code and Section 27 of the Arms Act. The learned Additional Sessions Judge-II by the order pronounced on 21.07.1999 sentenced appellant nos.1 and 2 to undergo rigorous imprisonment for six years under Section 307/34 of the Indian Penal Code and appellant no.3 to undergo rigorous imprisonment for ten years under Section 307/34 of the Indian Penal Code, rigorous imprisonment for six years under Section 326 of the Indian Penal Code and rigorous imprisonment for seven years under Section 27 of the Arms Act. The sentences so awarded to the appellant no.3 have been ordered to run concurrently. The convicts being aggrieved by the aforesaid judgement and order passed by the trial court have preferred this appeal under Section 374(2) of the Code of Criminal Procedure.

2. The pr

Click Here to Read the rest of this document