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2013 Supreme(SC) 895

H.L.DATTU, SUDHANSU JYOTI MUKHOPADHAYA, M.Y.EQBAL
Deepak Rai – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

H.L. Dattu, J:

1. These appeals are directed against the judgment and order passed by the High Court of Judicature at Patna in Death Reference No. 6 of 2009 and Criminal Appeal(DB) Nos. 989 of 2009 and 158 of 2010, dated 19.08.2010. By the impugned judgment and order, the High Court has confirmed the judgment of conviction, dated 17.09.2010 and order of sentence, dated 30.10.2009 passed by the Additional Sessions Judge cum FTC No. 2, Vaishali at Hazipur in Sessions Trial No. 195 and 571 of 2006, whereby the learned Sessions Judge has convicted the three accused-appellants for offence under Sections 120B, 148, 302 read with 149, 307 read with 149, 326, 429, 436 and 452 of Indian Penal Code, 1860 (for short 'the IPC') and sentenced them to death.

Facts:

2. The Prosecution case in a nutshell is: On the fateful night of 01.01.2006, the deceased informant (PW-7) was sleeping in the Varanda of his house and his wife alongwith the children, two daughters aged 12 and 10 years, respectively and three sons aged 8, 6 and 3 years, respectively were sleeping in the room inside the house. At around 01.00 A.M., he was awakened by the sound of footsteps of several people. In the dim light of































































































































































































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