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2019 Supreme(Pat) 46

RAKESH KUMAR, PRAKASH CHANDRA JAISWAL
Laxman Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Rajesh Kumar Singh, Adv., Rana Pratap Singh, Adv., Dharmendra Kumar Singh, Adv., Mukesh Kumar Singh, Adv., Rajeev Kumar Singh, Adv., Anil Singh, Adv., Ajay Mishra, Adv.

JUDGMENT :

RAKESH KUMAR, J.

1. All the aforesaid six appellants were convicted and sentenced in Sessions Trial No. 325 of 1997/Tr. No. 106 of 2010. The appellants by judgment dated 27-09-2012 have been convicted for commission of offence under Sections 147, 302/149 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.') and by order dated 01-10-2012, all the appellants under Section 147 of the I.P.C. have been sentenced to undergo rigorous imprisonment for one year. By the said order i.e. order dated 01-10-2012 under Section 302/149 of the I.P.C., they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 8,000/- (eight thousand) each. In default of payment of fine, they have been directed to further undergo imprisonment for eight months. The judgment of conviction and sentence was passed by Sri Vijay Kumar Pandey, learned Adhoc Additional Sessions Judge - II, Aurangabad (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 325 of 1997/Tr. No. 106 of 2010 (arising out of Tandwa P.S. Case No. 15 of 1996).

2. Short fact of the case is that on 28-05-1996 at 04.30 hrs., the Sub-Inspector of Police-cum-Officer in-charge of Ta

































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