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2002 Supreme(SC) 744

B.N.AGARWAL, SHIVARAJ V.PATIL
Shankar Mahto: Hari Lal Mahto – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

B.N. Agrawal, J.-In these two appeals by special leave, the appellants have assailed their convictions and sentences awarded by the trial court and upheld by the Patna High Court.

2. The short facts are that on 28th February, 1991 at about 8.00 p.m., when the informant Liro Kumari- (PW.6) along with her father Doman Mahto, mother Shibo Devi, sister Shakho Devi and children of her family was sitting near fire at the outer door of her house, all of a sudden, all the appellants along with accused Shrilal Sharma, Haro Sharma, Ram Bilash Mahto, Ram Udgar Sharma and 3-4 others armed with farsas and lathis came to the house and seeing them she and her family members out of fear ran to the courtyard of the house. The appellants and their companions following them entered the courtyard. Accused Shrilal Sharma and Haro Sharma, both of whom were armed with farsas and co-accused Ram Bilash Mahto, who was armed with lathi, caught hold of Doman Mahto, father of the informant, and took him to outer door of the house. Appellants Harilal Mahto and Jharilal Mahto, who were armed with lathis, caught hold of Shibo Devi, mother of the informant and appellants Tulbul Mahto and Shankar Mahto, w











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