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SANJAY KAROL, S.KUMAR
State of Bihar – Appellant
Versus
Niranjan @ Alakh Deo Kumar – Respondent


Counsel for the Parties:
For the Appellants in Criminal Appeal (DB) No.491 of 2018:Mr. Sharda Nand Mishra, Mr. Deepak Kumar and Mr. Rajiv Ranjan, Advocates
For the Respondents in Criminal Appeal (DB) No.491 of 2018: Mr. Dilip Kumar Sinha, APP

JUDGMENT (CAV)

Sanjay Karol, CJ.—Allegedly in the night intervening 23rd-24th June 2015, accused Niranjan @ Alakhdeo Kumar (hereinafter referred to as Niranjan) and accused Birendra Kumar (hereinafter referred to as Birendra) murdered Smt. Rekha Devi and her two daughters, namely, Ms. Komal Kumari and Ms. Anshu Kumari. As such both of them were charged for committing offences under Section 302/34 of the Indian Penal Code. The Trial Court, vide judgment dated 18th January 2018 passed in Sessions Trial No.632 of 2015, found the Prosecution not to have established its case against accused Birendra and as such acquitted him. But, however, found sufficient evidence, though not direct but circumstantial, against accused Niranjan and convicted him for committing an offence punishable under Section 302 of the Indian Penal Code. Considering the gravity of the crime, accused Niranjan was awarded sentence of death, to be hanged by the neck till death, along with a fine of Rs.20,000, in default thereof, to undergo simple imprisonment for a period of one month.

2. The Death Reference No.01 of 2018 titled as The State of Bihar Versus Niranjan @ Alakhdeo Kumar is for confirmation of such sente

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