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2007 Supreme(Pat) 457

SHIVA KIRTI SINGH, SUBASH CHANDRA JHA
Pawan Kumar Chourasia – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The sole appellant has been convicted for the charge under Sec.302 read with Sec.34 of the IPC and awarded RI for life on that count and also a fine of Rs. 5000.00 or in default to undergo further RI for two years. He has also been convicted of charge under Sec.201, IPC for which he has been awarded RI for three years and a fine of Rs. 1000.00 or in default further RI for one year.

2. From the materials on record and the deposition of witnesses it appears that Kasba PS Case No. 109/1989 was lodged on 20-6-1989 by PW-5 Lakhi Prasad Chourasia, father of one of the deceased in this case, Kamlesh Kumar Chourasia. According to prosecution case the aforesaid Kamlesh Chourasia aged about 15 years and another boy Bhulla Prasad Chourasia aged about 18 years, son of Hira Lal Chourasia (PW-9) became traceless on 2-6-1989 for which some information was given to the Police Station also later on. On 20-6-1989 at the instance of Lakhi Prasad Chourasia some villagers including PW-7. Md. Tamizuddin went to verify rumor that both the missing boys have been killed by accused, Pawan Kumar Chourasia (appellant) and some other persons. On interrogation at his house allegedly the appellant dis

















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