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2013 Supreme(SC) 3

RANJANA PRAKASH DESAI, AFTAB ALAM
MD. Faizan Ahmad @ Kalu – Appellant
Versus
State of Bihar – Respondent


Judgment :-

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. This appeal, by special leave, arises out of judgment and order dated 7/9/2005 passed by the Additional Sessions Judge, FTCI, Begusarai in Sessions Trial No.304 of 2003. In the said Sessions Case, the appellant (A1) along with Mohd. Naushad Alam and Mohd. Sultan (A2 and A3 respectively) was tried for offences punishable under Section 364A read with Section 149 and Section 120B of the Indian Penal Code (for short, “the IPC”). Accused Mohd. Dawood, Sahini Khatoon and Tabbasum Aara (A4, A5 and A6 respectively) were tried for offences punishable under Section 368 read with Section 149 and Section 120B of the IPC.

3. Learned Sessions Judge convicted the appellant and A2 and A3 under Section 364A read with Section 149 of the IPC and sentenced them to undergo rigorous imprisonment for life. They were also sentenced to pay fine of Rs.10,000/-. On failure to deposit the fine, they were directed to undergo simple imprisonment for one year. They were also convicted under Section 120B of the IPC and sentenced to undergo rigorous imprisonment for life. A4, A5 and A6 were convicted under Section 368 read with Section 149 of the IPC an










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