Munna Sah, S/o. Late Ganga Sah vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 1342

VIPUL M. PANCHOLI, CHANDRA SHEKHAR JHA
Munna Sah, S/o. Late Ganga Sah – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Appellant : Ms. Surya Nilambari, Amicus Curiae.
For the State : Mr. Bipin Kumar, APP.

JUDGMENT :

Vipul M. Pancholi, J.

This appeal has been filed by the appellant/convict under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as the ‘Code’) challenging the order of conviction dated 06.11.2015 and order of sentence dated 09.11.2015 passed by learned 10th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 268 of 2013 arising out of Kazi Mohammadpur P.S. Case No. 313 of 2012, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Sections 302, 376 read with 511 of the Indian Penal Code (hereinafter referred as the ‘I.P.C.’), whereby the appellant has been sentenced to undergo R.I. for life for the offence under Section 302 of I.P.C. and a fine of Rs.5,000/- has also been imposed, and in default of payment of fine, he has been awarded three months S.I. Further the appellant has been directed to undergo R.I. for five years for offence under Section 376/511 of I.P.C. and a fine of Rs.5,000/- has been imposed and in default of payment of fine, he has been awarded three months simple imprisonment. Both the sentences have been directed to run concurrently.

2. The prosecution case, in brief, i