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2003 Supreme(SC) 1381

DORAISWAMY RAJU, ARIJIT PASAYAT
Fulchand Gope – Appellant
Versus
State of Jharkhand – Respondent


ORDER :

1. These three appeals are by four accused persons who faced trial for allegedly having committed homicidal death of one Jai Kumar Pandey (hereinafter referred to as 'the deceased'). The occurrence took place over a very small and trivial matter on 13.10.1981. The accused persons faced trial for alleged commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'the Indian Penal Code') so far as all the four accused persons are concerned, and Section 323 Indian Penal Code relating to accused-appellants Bhola Gope and Gauri Gope. The Trial Court found the accused persons guilty of the aforesaid offences, sentenced each one to undergo rigorous imprisonment for life. Though Bhola Gope and Gauri Gope were convicted for the offence under Section 323 Indian Penal Code, no separate sentence was imposed. Appeal before the Patna High Court did not bring any relief and a Division Bench by the impugned judgment confirmed the conviction and sentence. 2. In support of the appeal, Mr. A. Sharan, learned senior counsel appearing for the appellants submitted that the High Court has failed to notice the apparent inconsistencies in the ev

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