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1999 Supreme(Pat) 611

B.P.SINGH, D.P.S.CHOUDHARY
Pitambar Thakur – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the appellant: M/s Partho Sarthy, M/s P.N. Pandey, Madan Pd. Singh, M/s Braj Kishore Pd., Mrs. Anjana Prakash, Kartik Kr. Sinha & Anjani Kr.
For the Respondent: Mr. Kamta Pd. Gupta.

Judgment

B.P. Singh, J.

As many as 22 persons were committed to the court of session for trial variously charged under sections 302, 302/149, 302/109, 307, 307/109, 147 and 148 of the Indian Penal Code, as also under sections 25 and 27 of the Arms Act and section 4 of the Explosive Substances Act, in Sessions Trial No. 43 of 1980/41 of 1982. They were tried by the 1st Additional Sessions Judge, Sitamarhi who by his judgment and order dated 1st May, 1985 acquitted two of them while convicting the remaining 20 accused persons. Against their conviction the appellants have preferred four appeals before this Court being Cr. Appeal Nos. 17 of 1985, 23 of 1985, 36 of 1985 and 77 of 1985. Though all these appeals were to be heard together, Cr. Appeal No. 17 of 1985 was separated and heard by a Division Bench of this Court, which disposed of the said appeal by its judgment and order dated 18th September, 1998. It appears that the remaining appeals were not ready for hearing and, therefore, only one of the appeals, namely, Cr. Appeal no. 17 of 1985 was heard and disposed of by a Division Bench of this Court. The remaining three appeals have been placed before us for disposal. Out of twenty app













































































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