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2003 Supreme(SC) 285

N.S.HEGDE, B.P.SINGH
Suresh Chaudhary etc. – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Santosh Hegde, J.-The two appellants in these appeals along with two other accused persons were charged for committing offences punishable under Section 302 IPC and Section 27 of the Arms Act for having committed triple murder of Shivnandan Mahto, Chamru Chaudhary and Rajendra Chaudhary on the night intervening between 10th and 11th October, 1992 within the jurisdiction of Islampur Police Station. In the said case, one of the accused persons by name Saryug Paswan was absconding. The trial of the said accused person was separated from the other accused persons. Learned Sessions Judge, Nalanda, after trial found the 3 accused persons including the two appellants herein guilty of the offences charged and sentenced them to undergo imprisonment for life for an offence punishable under Section 302 IPC. He also imposed a sentence of 7 years RI for offence punishable under Section 27 of the Arms Act, and directed the sentences to run concurrently. Against the said judgment and conviction, the appellants preferred appeals before the High Court of Patna which dismissed the appeals, confirming the judgment and sentence imposed on the appellants.

2. Out of the 3 accused persons who hav















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