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2014 Supreme(SC) 954

H. L. DATTU, R. K. AGRAWAL, ARUN MISHRA
Mofil Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Bimal Roy Jad (A.C.), Adv.
For the Respondent: Ratan Kumar Choudhari and Jayesh Gaurav, Advs.

ORDER

1. This appeal is directed against the judgment and order passed by the High Court of Jharkhand at Ranchi in Death Reference No. 01 of 2008 and Criminal Appeal (DB) Nos. 1103 of 2008, dated 02.07.2009. By the impugned judgment and order, the High Court has confirmed the judgment of conviction, dated 01.08.2008 passed by the District and Sessions Judge, Lohardaga in Sessions Trial No. 128 of 2007, whereby and whereunder the learned Sessions Judge has convicted the two accused-Appellants and two others for offence Under Sections 302 and449 read with Section 34 of Indian Penal Code, 1860 (for short, "the Indian Penal Code"). The High Court while confirming the order of death sentence, dated 05.08.2008 passed by the Trial Court in respect of the accused-Appellants, has thought it fit to modify the sentence awarded to the other two accused persons, Saddam Khan and Wakil Khan, to life imprisonment.

2. At the outset, the learned amicus, Shri Bimal Roy Jad, appearing for the two accused-Appellants has only assailed the order of sentence passed by the Trial Court and confirmed by the High Court and restricted his arguments to the quantum of punishment awarded. Therefore, the scope of th






























































































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