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2018 Supreme(Pat) 423

RAKESH KUMAR, ARVIND SRIVASTAVA
Ramesh Kumar Son of Late Ram Lochan Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Jai Prakash Verma
For the Respondents: Mr. Ajay Mishra, Mr. Mayanand Jha

JUDGMENT :

RAKESH KUMAR, J.

The appellant in Cr.Appeal (DB) No. 101 of 2011 is aggrieved with his conviction and sentence for offence under Section 302 of the Indian Penal Code, 1860 (for short “I.P.C.”) and Section 27 of the Arms Act, 1959 (for short ‘Arms Act”) in Sessions Trial No. 188 of 2003/01 of 2004 (arising out of Parihar P.S. Case No. 61 of 2002). The same appellant has also filed an appeal, vide Cr.Appeal (DB) No. 273 of 2011, which has been filed against the judgment of acquittal of respondent no. 2 and 3. The judgment of acquittal dated 12th January, 2011 was passed in Sessions Trial No. 542 of 2006/108 of 2006 (arising out of Case No. C1-208/03). In both the cases, it was alleged that daughter of respondent no. 3 Amar Kumar in Cr.Appeal (DB) No. 273 of 2011 namely Arti Kumari @ Bharti Kumari was done to death by firearm injury.

2. Cr. Appeal (DB) No. 101 of 2011 filed under Section 374(2) read with Section 389(1) of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) was admitted on 22nd of February, 2011 and it was observed that his prayer for bail would be considered after receipt of the lower court record, however; subsequently the prayer for bail















































































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