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2007 Supreme(Pat) 1166

SHIVA KIRTI SINGH, SYED MD.MAHFOOZ ALAM
Brajesh Patel, Naresh Mahto, Pramod Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the appellants in all the three appeals and learned counsel for the State in view of earlier orders indicating that the appeals may be finally disposed of on receipt of the lower court records if it is found that there is no legal evidence on record for conviction. All the three appeals are directed against judgment of conviction dated 25.1.2007 passed by Addl. Sessions Judge, Fast Track Court III, Sheikhpura in ST. No. 880/05 whereby appellant Brajesh Patel has been convicted under sec. 302/34 of the IPC, sec. 27 of the Arms Act and the other two appellants under sec. 120B of the IPC. By order dated 27.1.2007, all the three appellants have been awarded R.I. for life for offence under the IPC. Appellant Brajesh Patel has been further sentenced to R.I. for three years u/s 27 of the Arms Act which is to run concurrently.

2. The fardbeyan in this case was lodged by father of the deceased, PW 7 leading to Sheikhpura PS Case No. 32/04. On investigation, police found the case true and chagesheet was filed accordingly. During trial, prosecution examined seven witnesses. All turned hostile. The 10 and the Doctor were not examined and there is no reason









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