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2018 Supreme(Pat) 312

RAKESH KUMAR, ARVIND SRIVASTAVA
Rudal Sahni S/o Bhikhari Shani – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Kanhaiya Prasad Singh, Mr. Bhim Sen Prasad, Mr. Pratik Mishra, Mr. Niranjan Parihar.
For the Respondents: Mr. Mayanand Jha, Mr. Ajay Mishra.

JUDGMENT :

RAKESH KUMAR, J.

1. In all the aforesaid three appeals, appellants were convicted by common judgment in Sessions Trial No. 287 of 2008 (arising out of Lakhisarai P.S. Case No. 420 of 2007) by Sri Ravindra Singh, learned 2nd Additional District and Sessions Judge, Lakhisarai (hereinafter referred to as the ‘Trial Judge’) and as such, all the three appeals were heard together and are being disposed of by this common judgment.

2. All the appellants were convicted on 10.11.2015 for commission of offence under Sections 302/34 and 201 of the Indian Penal Code, 1860 (for short ‘IPC’). The convict Prasadi Sahni (appellant no. 2 in Cr. Appeal DB No. 110/2016) was further convicted for commission of offence under Section 27 of the Arms Act, 1959 (for short ‘Arms Act’) and by order of sentence dated 20.11.2015, all the appellants were sentenced to undergo rigorous imprisonment for life under Section 302/34 of the I.P.C. and they were imposed fine of Rs. 5,000/- (five thousand) each. In default of payment of fine, they were further directed to undergo rigorous imprisonment for th


































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