ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
State of Bihar – Appellant
Versus
Md. Irshad, S/o. Late Abdul Aziz – Respondent
JUDGMENT :
Ashwani Kumar Singh, J.
These three appeals arise out of a common judgment of conviction dated 06.11.2019 and the order of sentence dated 16.11.2019 passed by the learned 2nd Additional Sessions Judge, Araria (hereinafter referred to as the ‘Trial Court’) in Sessions Trial No.371 of 2014/Tr. No.19 of 2019 arising out of Narpatganj P.S. Case No.348 of 2013.
2. By the impugned judgment of conviction dated 06.11.2019, the Trial Court has convicted the appellants of these three appeals under Sections 302 read with 149 and 148 of the Indian Penal Code (for short ‘IPC’) as well as Section 27 of the Arms Act.
3. By the impugned order of sentence dated 16.11.2019, convicts, namely, Md. Irshad, Md. Tabrej and Md. Dilshad (appellants in Cr. Appeal (DB) No.1517 of 2019) have been awarded death sentence under Section 302 read with 149 of the IPC and three years and a fine of Rs.5,000/- for each of the offences under Section 148 IPC and Section 27 of the Arms Act and in default of payment of fine to undergo further imprisonment for three months for each of the offences. Further, the convicts, namely, Md. Kari, Md. Zahir, Sahe Kamal @ Sahe Kamal @ Sahe Kalam, Shamshenoor @ Md. Shamshenoor
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