CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 12-11-2025

The aforesaid appeals preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) arise out of the same judgment of conviction and order of sentence dated 13.05.2016 and 16.05.2016 respectively, hence the aforesaid appeals have been heard together and are being disposed off by the present common judgment. By the said judgment of conviction dated 13.05.2016, passed by the learned Additional Sessions Judge-V, Vaishali at Hajipur (hereinafter referred to as “the Ld. Trial Judge”) in Sessions Trial No. 348 of 1998 (arising out of Mahua P.S. Case No. 86 of 1996), the appellants have been convicted under Sections 302/149 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and have been sentenced to undergo rigorous imprisonment for life with fine of Rs. 25,000/- each and in default thereof they have been directed to undergo further simple imprisonment for four months. All the sentences have been directed to run concurrently.

2. At the outset it may be pointed out that as far as Devendra Sah (one of the appellant of the first case, i.e. Criminal Appea