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1976 Supreme(Pat) 112

SHAMBHU PRASAD SINGH, NAGENDRA PRASAD SINGH, S.K.CHOUDHURI
Ram Beyas Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. This appeal has been placed before a Full Bench at the admission stage to decide the question of maintainability of the appeal before this Court. There are five appellants, who have challenged the legality of the order of conviction and sentence passed against them by the First Assistant Sessions Judge, Aurangabad, by his judgment, dated the 27th January, 1976. Appellant No.1 has been convicted under Sec.307 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for seven years. The remaining appellants have been convicted under Sec.307, read with Sec.149, of the Code and have been sentenced to undergo rigorous imprisonment for four years each. Appellant No.1 has been further convicted under Sec.27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years under that count. Appellants 1 and 3 to a have been further convicted under Sec.148 of the Code and sentenced to undergo rigorous imprisonment for nine months each. Appellant No.2 has been convicted also under Sec.147 of the Code and sentenced to undergo rigorous imprisonment for six months. The sentences have been direct





























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