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2002 Supreme(SC) 536

R.P.SETHI, DORAISWAMY RAJU
JANARDAN SINGH – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
Cases referred :
1. (1973) 2 SCC 444 : 1973 SCC (Cri) 858 : AIR 1973 SC 1409, Ranbir v. State of Punjab
2. (1969) 3 SCC 890, Deep Chand v. State of Haryana

ORDER

1. For the deaths of Ashok Singh and Dalan Singh, the appellant along with seven others was tried and charged for the offences punishable under Sections 302, 207, 148 read with Section 149 of the Penal Code, 1860 and Section 27 of the Arms Act. All the accused persons were convicted for the offences with which they were charged and sentenced to various punishments including the imprisonment for life for the commission of the major offence, 9 vide judgment of the trial court. The appeal filed by the convicted accused persons was disposed of by the High Court vide judgment impugned in this appeal, acquitting seven out of the eight accused persons. Only the appellant was found to have committed the offence of murder of two persons for which he was sentenced to life imprisonment. The State has opted not to file any appeal against the order of acquittal, so far as the other seven accused h persons are concerned.

2. According to the prosecution the occurrence took place on 12-11-1984 at about 6.30 a.m. in Village Auwan, District Sasaram, State of Bihar. The matter was reported to Police Station Sheosagar by Madan Prasad Singh, PW 8 on the same day at about 8.40 a.m. In the first in






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