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2008 Supreme(Pat) 1448

S.K.KATRIAR, SYED MD.MAHFOOZ ALAM
Krishna Murari Mahton @ Krishna Murari Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sudhir Kumar Katriar, J.

1. The six appellants have preferred the six appeals arising out of a common judgment dated 22.2.1988, passed by the learned 2nd Additional Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 258 of 1986/10 of 1987 (The State of Bihar V/s. Shailendra Mahton and five Ors.), whereby Arun Mahto alias Arun Kumar has been convicted under Section 302 of the Indian Penal Code. The remaining appellants, namely, Krishna Murari Mahton alias Krishna Murari Prasad, Shailendra Mahton alias Shailendra Prasad, Bahadur Mahto alias Interjit alias Inderjit Singh, Kaushlendra Prasad alias Kaushal Mahton, and Surendra Prasad alias Suli Mahton have been convicted under Section 302 read with Section 34 of the IPC. All the six appellants have been sentenced to undergo rigorous imprisonment for life.

2. The prosecution case is that on 7.3.1986, at 10.45 A.M., the informant Budhram Prasad (P.W.6), along with deceased Vijay Yadav got into a Rajya Transport bus bearing No. BHY 1355, at village Nakatpura to go to village Poj. When the bus reached village Muhammadpur, the accused persons came on two motor-cycles from the west and stopped their motorcycles in front of



































































































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