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2017 Supreme(Pat) 547

SAMARENDRA PRATAP SINGH, ARUN KUMAR
Ajay Kumar Yadav @ Ajay Yadav @ Shashtri Jee – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Ramakant Sharma, Aarsh Kumar (in 918);
M/s Aarsh Kumar, Heera Jha (in 925); M/s Vivekaand Singh, Aarsh Kumar, (in 1044); M/s Heera Jha, Shashi S. Kishore, Abhay Krishna, (in 883).
For the State : M/s A.K. Sinha, S.C. Mishra, D.K. Sinha, Ajay Mishra (in all).

SAMARENDRA PRATAP SINGH, J.:–As all the aforesaid four appeals arise from common police case number bearing, Amarpur P.S. Case No.147 of 2009, corresponding to G.R. No.1038 of 2009 registered under Section 364A/34 of the I.P.C., they have been heard together and are being disposed of by a common judgment by this Court.

2. Out of these appeals, three appeals, namely, Cr. Appeal No.918 of 2010 (Ajay Kumar Yadav @ Shashtri Jee), Cr. Appeal No.925 of 2010 (Abu Zafar @ Picho ) and Cr. Appeal No.1044 of 2010 (Rajesh Yadav @ Tiger) arise from common judgment of conviction, dated 13th July, 2010 passed by Sri Subhash Chandra Srivastava, learned Additional Sessions Judge-cum-F.T.C.-V, Banka, in Sessions Trial No.13 of 2010 (Trial No. 334/2010), whereby all the three appellants, namely, Ajay Yadav @ Shashtri Jee, Rajesh Yadav @ Tiger and Abu Zafar have been convicted under Section 364A/34 of the Indian Penal Code and sentenced to undergo life imprisonment along with a fine of Rs.50,000/- and in default of payment of fine, have been further convicted to undergo additional simple imprisonment for one year, whereas co-accused Vijan Yadav has been acquitted by the trial court from the charges le











































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