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2007 Supreme(SC) 918

ARIJIT PASAYAT, D.K.JAIN
Kulwant Singh @ Kulbansh Singh – Appellant
Versus
State of Bihar – Respondent


judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of Patna High Court. Appeals filed by the appellant and two co-accused were dismissed by a common judgment.

3.Accused Uma Shankar was charged for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) for having committed murder of Manji Singh (hereinafter referred to as the ‘deceased’). Accused appellant Kulwant Singh and Awadh Singh were charged in terms of Section 302 read with Section 109 IPC for having abetted the aforesaid murder of the deceased by Uma Shankar. The trial Court found that the accusations have been established against the accused persons, Kulwant and Awadh and accordingly sentenced each for life for the offence punishable under Section 302 read with Section 109 IPC.

4.Before the High Court the basic stand of the appellants was that there was absolutely no motive for the gruesome crime. The first information report (in short the ‘FIR’) has not been proved to have been filed in the manner as claimed. The High Court found the evidence to be cogent and credible and held that no interference was calle





















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