RAKESH KUMAR, ARVIND SRIVASTAVA
SHIBAL SAH – Appellant
Versus
STATE OF BIHAR – Respondent
Rakesh Kumar, J.
Appellant No. 1 (Nage Sah) is the father of appellant no. 2/ Rajesh Kumar Sah @ Rajesh Sah in Cr. Appeal (D.B.) No. 1030 of 2011 and also father of sole appellant/ Shibal Sah [in Cr. Appeal (D.B.) No. 1208 of 2011]. Since appellants of both the Appeals were tried together and convicted and sentenced by the same judgment, both the Appeals were taken up together and are being disposed of by this common judgment.
2. All the three appellants by judgment dated: 21-09-2011 were convicted for the offence under Sections 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.'), however, Shibal Sah/ appellant [in Cr. Appeal (D.B.) No. 1208 of 2011] was further convicted for offence under Section 27 of the Arms Act, 1959 (hereinafter referred to as the 'Arms Act'). By order dated: 24-09-2011 all the three appellants under Section 302 / 34 of the I.P.C. were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each. In default of payment of fine, they were directed to further undergo imprisonment for three months. Shibal Sah [appellant in Cr. Appeal (D.B.) No. 1208 of 2011] under Section 27 of the Arms Act by orde
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