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2015 Supreme(Pat) 182

GOPAL PRASAD
Sushila Devi – Appellant
Versus
The State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Syed Firoz Raza, Adv., Mr. Satya Varta Verma, Adv, Diwakar Prasad Karn & Chandra Shekhar Anand
For the Respondent: Mrs. Abha Singh, Mr. Abhay Kumar, Mr. S.N. Prasad, APP

JUDGMENT

Gopal Prasad, J.

Heard the learned counsel for the appellants and the State.

2. These three appeals arise out of same judgment and order of conviction and sentence, recorded by the Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 782 of 2005, disposed off by order, dated 16.12.2013.

3. The appellants have been convicted under Sections 147 and 326 of the Penal Code and sentenced to undergo simple imprisonment for two years for offence under Section 147 of the Penal Code and seven years rigorous imprisonment for offence under Section 326 of the Penal Code with a fine of rupees one thousand each and in default of payment of fine further to undergo rigorous imprisonment for six months. However, it has been ordered that all the sentences shall run concurrently. The appellants have further been convicted for offence under Section 341 of the Penal Code, however, no separate sentence for offence has been awarded.

4. The prosecution case, as alleged in the first information report by the informant, Sumitra Devi, P.W. 4, that on 26.07.2004 at about 04.00 p.m. while she was returning to her home at Jhapha Chowk, Bajrangbali Asthan and reached at the house of Basudeo Pasw















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