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2012 Supreme(Pat) 1227

AHSANUDDIN AMANULLAH
State of Bihar – Appellant
Versus
Shyam Kishore Sinha – Respondent


Advocates Appeared:
For the Appellants : Mr. Ashhar Mustafa, AC to GP 9 and Mr. Santosh Kumar, AC to GP 9.
For the Respondent:Mr. Rajendra Prasad Singh, Sr. Advocate and Mr. Vikas Kumar, Advocate.

Oral ORDER

Feeling aggrieved by the judgment and order dated 2nd February 2012 passed by the learned single Judge in CWJC No. 7031 of 2007, the respondents State of Bihar and others have preferred this Appeal under Clause 10 of the Letters Patent.

2. The respondent writ petitioner joined the service under the State of Bihar as a Clerk on 5th November 1986. At the relevant time, a criminal prosecution in connection with Kako P.S. Case No. 64 dated 19th July 1981 for offence punishable under Section 307 IPC was pending against the writ petitioner. Unaware of the same, the writ petitioner was appointed as a Clerk in 1986. By the judgment and order dated 11th September 1989, the trial court convicted the writ petitioner for offence punishable under Section 307 IPC and sentenced him to undergo rigorous imprisonment for six years. The said conviction and sentence were confirmed in Appeal. In Criminal Revision No. 347 of 1995 filed before this Court, on 12th November 1999, the conviction was altered to one under Section 326 IPC, and the sentence was reduced to rigorous imprisonment for one year and a fine of Rs. 500/-. Pursuant to the said order, the writ petitioner surrendered and underw




























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