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2018 Supreme(Pat) 305

RAKESH KUMAR, ARVIND SRIVASTAVA
Bhajan Kewat S/o Gurudeo Kewat – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Shri Vikramdeo Singh, Shri Sada Nand Roy.
For the Respondents: Shri Ajay Mishra, Shri Rajni Kant Pandey.

JUDGMENT :

RAKESH KUMAR, J.

1. All the four appellants were convicted and sentenced in Sessions Trial No. 231 of 2011 by Shri Arun Kumar, learned Sessions Judge, Kaimur at Bhabhua (hereinafter referred to as the “trial judge”). All the four appellants by judgment dated 20.09.2014 were convicted for commission of offence under Section 302/34, 201 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) and by order dated 22.09.2014 under Section 302/34 of the I.P.C. were sentenced to undergo imprisonment for life and imposed fine of Rs. 15,000/- each and in default of payment of fine, they were directed to further undergo rigorous imprisonment for six months. They were further sentenced to undergo rigorous imprisonment for three years for offence under Section 201 of the I.P.C. All the sentences were directed to run concurrently.

2. Short fact of the prosecution case is that on 13.01.2011 a complaint case vide Complaint Case No. 40 of 2011 was presented in the court of learned Chief Judicial Magistrate, Bhabhua. In the complaint petition the complainant-Vinod Kumar Kewat (PW-4) had arrayed all the appellants as accused and disclosed that on 27.12.2010 at about 5.00 P.M. th


















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