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2006 Supreme(Pat) 907

GHANSHYAM PRASAD, INDU PRABHA SINGH
Shubhendu Nath Tewary @ Shubendu Nath Tewary And Kanhaiya Kurmi – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ghanshyam Prasad, J.

1. Both the appellants have called in question the judgment of conviction dated 20.1.2006 as well as order of sentence dated 21.1.2006 passed by Shri Ajit Kant Sharan, Fast Track Court No. 3, Gopalganj in Sessions Trial No. 109 of 2003/304 of 2005. Both the appellants have been convicted under Secs. 302/34 and Sections 307/34 Indian Penal Code, 1860 as well as u/s. 27 of the Arms Act and have been sentenced to undergo R.I. for life under Secs. 302/34 Indian Penal Code, 1860 and to pay fine of Rs. 3,000.00 each and in default to undergo simple imprisonment for six months, undergo R.I. for seven years under Secs. 307/34 I.P.C, and to pay fine of Rs. 1,000.00 and in default to undergo S.I. for two months and further to undergo R.I. for three years with fine of Rs. 500.00 u/s. 27 of the Arms Act. All the sentences have been directed to run concurrently.

2. This is a case of double murder. The informant is father of one of the deceased, namely, Bhaskar Nath Tiwary @ Shyamunath Tiwary. The informant Dhrupnath Tiwary (P.W.3) on 28.12.2000 at 6.00 P.M. lodged fardbeyan (Ext. 5) before Officer Incharge, Malagarh P.S., namely, Krishna Kumar Diwakar (P.W.11) alleg










































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