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2002 Supreme(SC) 924

B.N.AGARWAL, UMESH C.BANERJEE
Dana Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.N. Agrawal, J.—The appellants along with accused Rajendra Yadav and Madan Dusadh were convicted by the trial court under Sections 302/149 of the Penal Code and sentenced to undergo imprisonment for life. They were further convicted under Sections 307/149 and 436 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and seven years respectively. The sentences were, however, directed to run concurrently. The other five accused were acquitted by the trial court. On appeals being preferred, convictions and sentences of the appellants have been upheld by the High Court whereas accused Rajendra Yadav and Madan Dusadh have been acquitted.

2. The prosecution case, in short, is that the informant - Shambhu Prasad Komal (PW.14), who was worker of Revolutionary Group of Forward Bloc, along with his companions was undertaking a padyatra from 22nd April, 1983 to 27th April, 1983 which was led by their leader Balmukund Rahi. In the evening of 25th April, 1983 they held a meeting at Guraru and after the same was over PW-14 along with 150 workers went to Village Karma for night halt where they stayed in the house of one Ramratan Yadav (PW.12) and afte





























































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