CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

Date : 12-12-2025

This Criminal Appeal, bearing Criminal Appeal (DB) No. 727 of 2019, has been preferred by the appellant, Mukesh Pal, against the judgment of conviction, dated 06.06.2019 and the order of sentence, dated 07.06.2019, passed by the learned Additional District and Sessions Judge VI, Siwan, in Sessions Trial No. 29 of 2016, arising out of Bhagwanpur Hat P.S. Case No. 59 of 2015. By the impugned judgment, the learned Trial Court found the appellant guilty of the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act . The appellant has been sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/- (ten thousand) for the offence under Section 302 IPC and rigorous imprisonment for four years with fine of Rs. 5,000/- (five thousand) for the offence under Section 27 of the Arms Act . Both sentences were directed to run concurrently.

2. The prosecution case originates from the fardbeyan of Lalan Rai, uncle of the deceased Sanjeev Kumar, recorded on 02.04.2015 at about 10:10 P.M. at Sadar Hospital, Siwan. According to the informant, at about 07:00 P.M. on the same day, th