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2017 Supreme(Pat) 1277

ADITYA KUMAR TRIVEDI
Munna Paswan @ Navin Paswan Son of Mahendra Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Ashok Kumar, Mr. Manish Kumar
For the Respondents: Mr. Binod Bihari Singh, Mrs. Abha Singh

JUDGMENT :

1. How the trial has been sacrificed on account of indolency of the court as well as in-competency of the prosecutor or being collusive/negligent one, the present appeal happens to be glaring example. Though all the appellants, namely, Mithailal @ Mitlai Lal (appellant of Criminal Appeal (SJ) No. 108 of 2015), Maigar Singh (appellant of Criminal Appeal (SJ) No. 117 of 2015) have been found guilty for an offence punishable under Section 3(i)(xi) of the SC/ST (POA) Act as per para-28 of the judgment impugned though charged under Section 3(i)(xii) of the SC/ST (POA) Act, directing each of the appellant i.e. Maigar Singh as well as Mithailal @ Mitlai Lal to undergo R.I. for one year as well as to pay fine appertaining to rupees one thousand and in default thereof, to undergo S.I. for fifteen days while they alongwith Munna Paswan @ Navin Paswan (appellant of Criminal Appeal (SJ) No. 31 of 2015), have been found guilty under Section 376/511 of the IPC and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to rupees five thousand and in default thereof, to undergo R.I. for six months additionally, vide judgment of conviction dated 17.11.2014 order of





















































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