PATNA HIGH COURT
Mr. Justice Prakash Chandra Jaiswal
Surya Deo Yadav and Ors – Appellant
Versus
The State Of Bihar – Respondent
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
Date : 03-04-2019
Three appellants, who are full brothers, after being convicted and sentenced, have approached this Court by filing the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’). All the appellants by judgment dated 21-08-2013 were convicted for offence under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’) and Section 27 of the Arms Act, 1959 (hereinafter referred to as ‘Arms Act’). By order dated 22-08-2013, all the appellants under Section 302/34 of the I.P.C. were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- (five thousand) each. In default of payment of fine, they were directed to further undergo simple imprisonment for six months. Under Section 27 of the Arms Act, all the three appellants by the same order i.e. order dated 22-08-2013 were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/- (three thousand) each. In case of default in payment of fine, they were directed to further undergo simple imprisonment for three months. The appellants were c

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