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2003 Supreme(SC) 1074

DORAISWAMY RAJU, ARIJIT PASAYAT
Ramanand Yadav – Appellant
Versus
Prabhu Nath Jha – Respondent


JUDGMENT

Arijit Pasayat, J.-In these six appeals challenge is to the judgment of the Patna High Court which directed acquittal of 8 persons upsetting conviction recorded and sentence imposed by the First Additional Sessions Judge, Darbhanga. Three of them namely, Prabhu Nath Jha, Laxmi Yadav and Badri Yadav were found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ) while five others namely, Ramashish Yadav, Yadu Nath Yadav, Ram Chandra Yadav, Bhutkun Yadav and Ram Prakash Yadav were found guilty of offence punishable under Section 302 read with Section 149 IPC. Three of the accused persons namely Prabhu Nath Jha, Ramashish Yadav and Yadu Nath Yadav were also found guilty of the offence punishable under Sections 25A and 27 of the Arms Act, 1959 (in short the Arms Act ) and two of them namely Laxmi Yadav and Bardi Yadav were found guilty of offence under Section 3 of the Explosive Substance Act, 1908 (in short Explosive Act ). Life sentence was imposed by offences relatable to Section 302 or Section 302 read with Section 149. Custodial sentence of various magnitudes were imposed for other offences. Since Prabhu Nath was absconding,
























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