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MOHIT KUMAR SHAH, NANI TAGIA
Dharmendra Das – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the judgment of conviction and order of sentence dated 17.05.2017 and 23.05.2017 respectively, passed by the learned Court of Additional District and Sessions Judge-1st, Gaya (hereinafter referred to as the ‘learned Trial Judge’) in Sessions Trial No.601 of 2013 (S.J.)/31 of 2017 (arising out of Paraiya P.S. case No.89 of 2012 corresponding to G.R. No.4159 of 2012), whereby and whereunder the learned Trial Judge has convicted the appellant No.1 under Section 302 and 120(B) of the Indian Penal Code, 1860 (hereinafter referred to as the ‘I.P.C.’) and the appellant No.2 under Section 120(B) of the I.P.C. By the said order dated 23.05.2017, the learned Trial Judge has sentenced the appellant No.1 to undergo rigorous imprisonment for life under Section 302 of the I.P.C. with fine of Rs.25,000/- and in default thereof, he has been directed to further undergo rigorous imprisonment for two years. The learned Trial Judge has further sentenced both the appellants to undergo rigorous imprisonment for life under Section 12
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