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2018 Supreme(Pat) 168

ADITYA KUMAR TRIVEDI
Bharat Ray – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Ajay Kumar Thakur, Adv. Smt. Babita Kumari, Adv., Mr. Ritwaj Raman, Adv.
For the Respondents: Mr. Abhay Kumar, APP.

JUDGMENT :

Appellants Bharat Ray and Shatrughan Ray have been found guilty for an offence punishable under Section 307/34 IPC and each one has been sentenced to undergo RI for 7 years as well as to pay fine appertaining to Rs. 5,000/- in default thereof, to undergo SI for 3 months additionally, under Section 324/34 IPC, each one has been sentenced to undergo RI for 3 years with a further direction to run the sentences concurrently with a further direction that in case of deposit of fine, half of the same should be paid to the informant by way of compensation by the Additional Sessions Judge-8th, Saran at Chapra in Sessions Trial No. 17/1991 vide judgment of conviction dated 28.03.2015 and order of sentence dated 31.03.2015.

2. PW-1, Indrajit Prasad gave his Fard-e-beyan on 11.04.89 at about 12.15 PM while he was admitted at Primary Health Centre, Naya Gaon along with other injured, Jitendra Kumar (brother) and Kedar Ray (uncle) alleging inter alia that on the same day at about 10.30 AM, his father has informed that Shatrughan Ray, Bharat Ray and Birendra Ray has put “Khop” over his land in spite of protest made by his father whereupon, he along with his brother, father and uncle gone



















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