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2004 Supreme(Pat) 98

AFTAB ALAM, B.K.JHA
Garib Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. By the judgment and order coming under appeal, the appellant Garib Singh stands convicted under Sec. 302 of the Penal Code and 27 of the Arms Act. He is sentenced to undergo rigorous imprisonment for life and one year respectively for the two offences; the sentences are directed to run concurrently.

2. Before the trial Court, apart from the appellant there were four other accused. The appellant Garib Singh and co-accused Umesh Singh were charged under Sec. 302 of the Penal Code; the appellant was separately charged under Sec. 307 of the Penal Code and all the five accused, including the appellant were further charged under Secs. 302/34 IPC and 27 Arms Act. While referring to the charges framed against the accused it was noticed that though the date of occurrence in this case was undeniably 13.2.1999 the date mentioned in the charge was 13th day of July, 1999. The mistake is inconsequential and does not affect the case in any manner; it nevertheless shows a lack of proper application of mind by the trial Court. This Court expects the trial Judges in future to be more careful in matters of legal details.

3. At the end of the trial, it was the appellant alone

























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