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1975 Supreme(SC) 541

A.C.GUPTA, V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Dharamdeo Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

GUPTA, J.:—The seven appellants before us were among the sixteen accused who were tried in the court of the Second Additional Sessions Judge at Chapra variously charged under Sections 302/34. 302/149, 147, 148, 324, 326 and 379 of the Indian Penal Code. The Additional Sessions Judge by his order dated November 21, 1966 acquitted all the accused giving them the benefit of doubt of the view that the prosecution had not "come with clean hands" and there were indications of gradual improvement in the prosecution case. On appeal preferred by the State of Bihar, the Patna High Court by its order dated February 2, 1971 affirmed the order of the Additional Sessions Judge as regards nine of the accused but set aside the acquittal in the case of these seven appellants. Each of the Seven appellants was convicted under Sections 302/149 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life. All of them were further convicted under Section 148 of the Indian Penal Code but no separate sentence was passed under that section. Appellant Rameshwar Singh was further convicted under Section 326 of the Indian Penal Code and appellants Birjhan Dhanuk, Goberdhan Bin








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