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2017 Supreme(Pat) 1489

KISHORE KUMAR MANDAL, SANJAY KUMAR
Md. Shahabuddin – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Surender Singh, Y.V. Giri, Ms. Fauzia Shakil
For the State : K.T.S. Tulsi, Kesav Mohan, Yogendra Prasad Sinha, D.K. Sinha, Mayanand Jha

JUDGMENT :

Kishore Kumar Mandal, J.

All the appellants of these appeals were held guilty under Sections 364A, of the IPC. They (except appellant Md. Shahabuddin) were also held guilty under Section 323 of the I.P.C. Appellant of Cr. Appeal No. (DB) No. 73 of 2016 was also found guilty under Sections 302, 201 read with Section 120B of the IPC. The judgment of conviction and order of sentence were passed by the learned Additional Sessions Judge IV-cum-Special Judge (Jail Court) in Sessions Trial No. 158 of 2010. Appellant of Cr. Appeal (DB) No. 73 of 2016, Cr. Appeal (DB)No. 112 of 2016, Cr. Appeal (DB) No. 63 of 2016 and Cr. Appeal (DB) No. 95 of 2016 shall hereinafter referred as A1, A2, A3 and A4 respectively.

2. 16th of August 2004 proved a horrific day for the informant (PW1) and her family. Her husband PW-4 on that day was not present in the town. PW-4 had two shops in the township of Siwan. One shop was at Mohalla-Churrahatti whereas another general store was located near the bus stand. She was then living at the Yadav market on rent. Informant's one son Satish @ Sonu (hereinafter referred as D1) was at the Churrahatti Kirana shop whereas her another son Girish Kumar @ Nikku (her























































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