CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)

Date : 14 -12-2018

1. Two appellants namely: Raghu Tanti & Bhagu Tanti in Cr. Appeal (D.B.) No. 552 of 2013 and sole appellant namely- Jattu Tanti in Cr. Appeal (D.B.) No. 697 of 2013 were tried together, convicted and sentenced by a common judgment passed by learned Adhoc Additional Sessions Judge IV, Banka and as such both the Appeals were taken up together and are being disposed of by this common judgment.

2. By judgment dated: 15.05.2013 Sri N.K. Lall, learned Adhoc Additional Sessions Judge- IV, Banka [hereinafter referred to as the “trial judge”] has convicted all the appellants for commission of offence under Sections 302/34, 201 and 120(B) of the Indian Penal Code, 1860 ( hereinafter referred to as the “I.P.C.”) and by order dated: 18.05.2013 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. 30,000/- each. Under Section 201 of the I.P.C. they were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000 /- each. In case of default in payment of fine they were directed to further undergo simple imprisonment for two ye