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2007 Supreme(Pat) 1453

SYED MD.MAHFOOZ ALAM, SHIVA KIRTI SINGH
Chandra Shekhar Yadav, Satya Deo Yadav, Sri Kant Yadav, Jugal Mahto, Jawahar Mahto, Udgar Mahto, upendra Mahto, Kanhai Mahto, Kamli Mahto, Sukho Mahto, Bali Mahto, Karandeo Mahto, Ram Balak Mahto, Bishundeo Mahto, Gorakh Mahto, Ram Bharosh Mahto, Padam La – Appellant
Versus
State Of Bihar – Respondent


Judgment

SHIVA KIRTI SINGH, J.

1. This appeal arises out of the judgment and order dated 4.2.1988 passed by the learned Additional Sessions Judge VI, Munger in Sessions Case No. 620/82 whereby out of 24 accused persons on trial he acquitted three and convicted 21 accused persons for the offence under sections 302/149 of the Indian Penal Code for which the appellants have been awarded life imprisonment. They have further been convicted under Sec. 436/149 I.P.C. for which they have been awarded rigorous imprisonment for ten years. Further conviction is under Sec. 380/149 I.P.C. for which sentence is seven years and lastly their conviction is under Sec. 201/149 for which sentence is three years rigorous imprisonment to each of the appellants. The sentences are to run concurrently. Initially the appeal was preferred by all the 21 convicted accused persons but in view of death of original appellant no.4 Ram Wali Yadav, original appellant no.8 Jag Narain Mahto, original appellant no. 10. Palo Mahto and original appellant no.20 Parmeshwar Mahto, their names have been expunged and the appeal is confined only to 17 appellants.

2. The fardbeyan of Lalo Yadav (P.W.1) was recorded on 22.4.1977








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