CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 06-03-2025

The present appeal under Section 374 (2) and Section 389 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) has been preferred against the judgment of conviction and order of sentence dated 27.08.2016 and 02.09.2016 respectively, passed in Sessions Trial No. 936 of 2007 (arising out of Adapur P.S. case No. 15 of 2007) by the learned VIII^th Additional Sessions Judge, East Champaran at Motihari (hereinafter referred to as “the learned Trial Judge). By the said judgment, the learned Trial Judge has convicted the Appellant No. 1 under Section 147 and 302 of the Indian Penal Code (hereinafter referred to as “the IPC”) and has sentenced him to undergo two years imprisonment under Section 147 of the IPC and life imprisonment under Section 302 of the IPC with a fine of Rs. 10,000/- and in default thereof, the Appellant No. 1 has been directed to undergo additional six months rigorous imprisonment. As far as the Appellants No. 2 to 6 are concerned, they have been convicted under Section 147 of the IPC and Section 149 /302 of the IPC and have been sentenced to undergo two years imp