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2018 Supreme(Pat) 895

ADITYA KUMAR TRIVEDI
BALAK MAHTO – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
Sheo Kumar Prasad, Amrendra Kumar, Sujit Kumar Singh, Advs.

JUDGMENT :

Aditya Kumar Trivedi, J.

All the appellants, namely, Balak Mahto, Alakhdeo Yadav, Kuldip Yadav and Sukhdeo Yadav have been found guilty for an offence punishable under Section 323/34 of the IPC and each one has been sentenced to undergo S.I. for one year, under Section 324/34 of the IPC and each one has been sentenced to undergo S.I. for two years, appellant Kuldip Yadav has further been found guilty for an offence punishable under Section 325 IPC and sentenced to undergo S.I. for three years with a further direction to run the sentences concurrently, vide judgment of conviction and order of sentence dated 13.07.2015 passed by Ad-hoc Additional Sessions Judge, IInd, Nawada in Sessions Trial No.120 of 2005 /106 of 2014.

2. Birjan Yadav (PW.5) filed written report on 09.10.2000 alleging inter alia that on the same day at about 5:00 AM while he had gone to Lohra Bhaghi Badhar in order to ease himself, his covillager Balak Mahto, Sukhdeo Yadav, Kuldip Yadav and Alakdeo Yadav encircled him and then, began to abuse. They also said that why you without informing them has purchased the land from a person belonging to village-Ratoyee whereupon he said that after paying the considera































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