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2021 Supreme(Pat) 668

ASHWANI KUMAR SINGH, ANIL KUMAR SINHA
Anil Tiwary – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Sada Nand Roy, Advocate,Mr. A. K. Thakur, Advocate, Mr. Raghunandan Kumar Singh, Mr. Vikram Deo Singh, Advocate, for the Appellant; Dr. Mayanand Jha, APP, Mr. Mayanand Jha, APP, for the Respondent.

JUDGMENT

Ashwani Kumar Singh, J. - The appellants in these two appeals have challenged the common judgment of conviction dated 8th July, 2015 and the order of sentence dated 13th July, 2015 passed by the learned 7th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 384 of 2011.

2. By the aforesaid judgment dated 08th July, 2015, the appellants have been convicted for the offences punishable under Section 302/ 34 of the Indian Penal Code (for short 'IPC') and section 27 of the Arms Act.

3. After hearing the convicts on the point of sentence, vide consequential order dated 13th July 2015, the Trial Court sentenced them to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- each for the offence punishable under Sections 302/34 of the IPC and in default of payment of fine, to undergo imprisonment for an additional period of six months and rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- for the offence punishable under Section 27 of the Arms Act and in default of payment of fine, to undergo imprisonment for an additional period of one month. The trial court directed that both the sentences shall run concurrently.

4. The Sessions Trial, i

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