Md. Umar Ali vs State Of Bihar - 2021 Supreme(Pat) 760

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 760

ASHWANI KUMAR SINGH, A. M. BADAR
Md. Umar Ali – Appellant
Versus
State Of Bihar – Respondent

Advocates Appeared:
Mr. Y. C. Verma, Sr. Advocate, Mr. Shailendra Kumar Dwivedi, Advocate, for the Appellant; Mr. Dilip Kumar Sinha, APP, for the Respondent.

JUDGMENT (CAV)

A.M. Badar, J. - By these appeals, the appellants/accused persons are challenging the Judgment of conviction dated 30.04.2016 and order of sentence dated 06.05.2016 passed by the learned Sessions Judge, Katihar, Bihar in Sessions Trial No. 18 of 2016, thereby convicting them of the offence punishable under Sections 302 and 307 of the Indian Penal Code as well as under Section 27 of the Arms Act. For the offence punishable under Section 302 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for life whereas for the offence punishable under Section 307 of the Indian Penal Code, sentence of rigorous imprisonment for 10 year is imposed on them. For the offence under Section 27 of the Arms Act, the appellants/accused are sentenced to suffer rigorous imprisonment for three years. The appellants/accused persons are also directed to pay fine of Rs.5,000/- for each offence, which is held to be proved against them. In default, they are directed to undergo simple imprisonment for six months. Substantive sentences are directed to run concurrently. For the sake of convenience, the appellants/accused shall be referred in their original capacity.

2. The cas