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2016 Supreme(Pat) 396

I.A.ANSARI, NILU AGRAWAL
Bhagwan Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants :Mr. Radheyshyam Prasad, Advocate Mr. Santosh Kumar Singh, Advocate Mr. Bindhyachal Singh, Advocate Mr. Rajesh Kumar, Advocate.
For the Respondent: Mr. Ajay Mishra, APP (In both the Appeals).

JUDGMENT :

I.A. ANSARI, J.

Under challenge, in the present appeals, are the judgment, dated 11.02.1993, passed, in Sessions Trial No. 69 of 1973 of 1985/92, by learned 1st Additional Sessions Judge, East Champaran, at Motihari, convicting the accused-appellants, Sree Bhagwan Mahto and Basdeo Mahto, under Sections 109 and 302 of the Indian Penal Code and accused-appellant, Bhopal Mahto, under Section 302 of the Indian Penal Code. Appellant Bhopal Mahto further stands convicted under Section 323 of the Indian Penal Code. In consequence of their conviction under Section 109 read with Section 302 of the Indian Penal Code, while the accused-appellants, Sree Bhagwan Mahto and Basdeo Mahto, stand, under the order, dated 12.02.1993, sentenced to suffer imprisonment for life, the accused-appellant, Bhopal Mahto, has been sentenced to undergo imprisonment for life for his conviction under Section 302 of the Indian Penal Code. For his conviction under Section 323 of the Indian Penal Code, the accused-appellant, Bhopal Mahto, has been further sentenced to undergo rigorous imprisonment for one year, both the sentences having been directed to run concurrently.

2. The case of the prosecution, as unf




































































































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