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2021 Supreme(SC) 676

M.R.SHAH, A.S.BOPANNA
SADAKAT KOTWAR – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates appeared:
For the Appellant(s) :Shree Prakash Sinha , Mohua Sinha, Rakesh Mishra, Nawalendra Kumar, Shekhar Kumar, Advocates
For the Respondent(s):Shantanu Sagar, Advocates

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.07.2019 passed by the High Court of Jharkhand at Ranchi in Criminal Appeal (SJ) No.393 of 2004 by which the High Court has upheld the conviction of the appellants herein for the offences under Section 307 read with Section 34 of the IPC, the original accused have preferred the present appeal.

2. We have gone through the impugned judgment and order passed by the High Court as well as the judgment and order passed by the learned Trial Court convicting the accused for the offences under Section 307 read with Section 34 of the IPC. The prosecution as such has examined in all 10 witnesses in support of the case of the prosecution, out of which, there are two injured eyewitnesses PW7 and PW8. Both of them have supported the case of the prosecution. Even the other witnesses examined by the prosecution i.e. PW1, PW2, PW4 and PW10 are consistent in their statements and have fully supported the case of the prosecution. The prosecution has been successful in proving the case against the accused that Appellant No.2 -Refaz Kotwar stabbed PW8 -Mohd. Jamil Kotwar with a dagger on the right si

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