CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE DR. ANSHUMAN)

Date : 16-10-2025

Heard learned counsel Mr. Shakil Ahmad Khan, for the appellants assisted by Mr. Upendra Kumar Chaubey, learned Advocate and Mr. S. A. Ahmad, learned A.P.P. for the respondent-State.

2. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the Judgment of conviction dated 2^nd of March, 2016 and the order of sentence dated 5^th March, 2016 passed by the learned 2^nd Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 555 of 2014 arising out of Lauriya P.S. Case No. 05 of 2014 corresponding to G.R. Case No. 139 of 2004 holding the appellants guilty under Section 302 /34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- each under Section 302 /34 of the Indian Penal Code and in default of payment of fine, to undergo further simple imprisonment of six months.

3. The factual matrix of the present case is as under : - As per the written statement of the informant, Lalan Mahato, his sister, Samtola Devi alias Munni Devi, had been married t