ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)

Date : 01-03-2019

1.Three appellants, who were convicted and sentenced in S.T. No. 360 of 2009, have filed the present appeal under Section 374(2) of the Code Of Criminal Procedure, 1973 ( hereinafter referred to as the “Cr.P.C.”) against judgment of their conviction and sentence. The appellant no. 2 – Ajit Mandal is the full brother of appellant no. 1 – Ranju Devi whereas appellant no. 3 ( Suresh Mandal) is cousin brother of appellant no. 1 – Ranju Devi. All the aforesaid three appellants by judgment dated- 30.05.2013 were held guilty and convicted for commission of offence under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the “I.P.C.”). By order dated – 31.05.2013 all of them under Section 302/34 of the I.P.C. were sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each. In default in payment of fine they were directed to further undergo rigorous imprisonment for six months. The judgment of conviction and sentence was passed by Sri Sunil Kumar Singh, learned Adhoc Additional Sessions Judge IV, Darbhanga ( hereinafter referred to as the “trial judge”) in S.T. No. 360 of 20