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2018 Supreme(Pat) 216

RAKESH KUMAR, ARVIND SRIVASTAVA
Ashok Mukhia – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Vikram Deo Singh, (Adv) Mr. Rudal Singh (Adv)
For the Respondents: Mr. Ajay Mishra, (A.P.P.) Mr. A. Sharma (A.P.P.)

JUDGMENT :

RAKESH KUMAR, J.

1. Since all appellants in aforesaid three appeals were convicted and sentenced in Sessions Trial No. 104 of 2010 and 104-A of 2010 (arising out of Srinagar P.S. Case No. 12 of 2010), all the aforesaid three appeals were heard together and are being disposed of by this common judgment.

2. All the appellants were convicted on 23-01-2014 by Dr. Ram Lakhan Yadav, learned Addl. Sessions Judge Ist, Madhepura (hereinafter referred to as the ‘Trial Judge’) for commission of offences under Sections 148, 323, 302/149 of the Indian Penal Code, 1860 (for short “I.P.C.”) and by order of sentence dated 28-01-2014, all the appellants were sentenced to undergo rigorous imprisonment for three years under Section 148 of the I.P.C. Further, they were sentenced to undergo rigorous imprisonment for life under Section 302 of the I.P.C. and fine of Rs. 10,000/- (ten thousand) each and in default of payment of fine, additional rigorous imprisonment for one year was directed. No separate sentence under Section 323 of the I.P.C. was passed, however; all the sentences were direc




























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