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2017 Supreme(SC) 28

A.K.SIKRI, N.V.RAMANA
Baleshwar Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants :- Neeraj Shekhar, Ashutosh Thakur, Animesh Kunal, Niranjan Swami, Neeraj Shekhar, Abhinav Mukerji,Ms. Bihun Sharma, Siddharath Garg, Ms. Purnima Krishna, Advocates.
For the Respondents:- Jawahar Narang, Atul Kumar, Advocates.

JUDGMENT

A.K. Sikri, J.

These appeals are preferred by two appellants, named, Khelawan Yadav and Baleshar Mahto (hereinafter referred to as A-1 and A-2 respectively). While A-1 has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, 'IPC') and also under Section 27 of Arms Act, for which he is sentenced to undergo Rigorous Imprisonment (RI) for life, A-2 has been found guilty for the offence punishable under Section 307, IPC and also Section 27 of the Arms Act. Sentence awarded to him is RI for 7 years under both counts. The aforesaid conviction and sentences given by the Sessions Court have been upheld by the High Court vide its common judgment dated 13th March, 2013 in the two separate appeals preferred by these appellants. It is this judgment which is impugned by the appellants in these appeals.

2. Case against the appellants, as set up by the prosecution was that Anandi Prasad (PW-7) along with his father, Lala Mahto and brother Bindeshwar Prasad had gone to their field to sow paddy seeds. While they were plowing the field, A-1 armed with rifle, Dulli Mahto armed with lathi, Rajendra Mahto armed with gun, Arun Yadav armed with gun, Umes











































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