(Per: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY)
Date : 01-05-2025
Heard Mr. Saroj Kumar Sharma, learned counsel for
the appellant and Mr. Ajay Sharma, learned Additional Public
Prosecutor for the State.
2. The present appeal has been preferred for setting
aside the judgment of conviction dated 25.05.2022 (hereinafter
referred to as the ‘impugned judgment’) and order of sentence
dated 30.05.2022 (hereinafter referred to as the ‘impugned
order’) passed by learned Additional Sessions Judge-I, Danapur
at Patna (hereinafter referred to as the ‘learned trial court’) in
Sessions Trial No. 365 of 2014 arising out of Paliganj P.S. Case
No. 101 of 2003 by which the appellant has been convicted for
the offences punishable under Sections 302, 307, 326 read with
section 34 of the Indian Penal Code (in short ‘IPC’) and also
Patna High Court CR. APP (DB) No.219 of 2023 dt.01-05-2025
under Section 27 of the Arms Act. He has been sentenced to
undergo life imprisonment with a fine of Rs. 25,000/- for the
offence under Section 302 IPC and in default of payment of fine,
he shall further undergo imprisonment for six months. The
appellant has also been sentenced to undergo rigorous
imprisonment for ten years and fine of Rs. 10,000/- each for the
offences under Sections 307 and 326 of IPC and in default of
payment of fine, he shall further undergo three months
imprisonment each. Further, the appellant has been sentenced to
undergo three years imprisonment with a fine of Rs. 2,000/- for
the offence under Section 27 of the Arms Act and in default of
payment of fine, he shall further undergo two months rigorous
imprisonment. All the sentences shall run concurrently.