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2021 Supreme(Pat) 97

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Abinash Sharma Son of late Nawal Kishore Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vikramdeo Singh, Advocate Mr. Paras Nath, Advocate
For the Respondent: Mr. Satya Narayan Prasad, APP

JUDGMENT :

ASHWANI KUMAR SINGH, J.

1. The appellant Abinash Sharma was tried by the court of Additional Sessions Judge 1st, Jehanabad in Sessions Trial No.165/2008/72/2014 arising out of Karpi P.S. Case No.33 of 2006 for the charges under Sections 147, 148, 379 and 302/149 of the Indian Penal Code and 27 of the Arms Act.

2. The trial court vide its judgment dated 25.08.2015 acquitted the appellant of the charges under Sections 379 of the Indian Penal Code and 27 of the Arms Act and held him guilty of the charges under Sections 147, 148, 302/149 of the Indian Penal Code.

3. After hearing the parties on the point of sentence, the trial court vide its order dated 26.08.2015 sentenced the appellant to undergo rigorous imprisonment for life and a fine of Rs.10,000/-and in default of payment of fine to undergo imprisonment for a further period of one year for the charges under Section 302/149 of the Indian Penal Code; rigorous imprisonment for a period of two years for the charge under Section 147 of the Indian Penal Code and rigorous imprisonment for a period of three years for the charge punishable under Section 148 of the Indian Penal Code. However, all the sentences were directed to run

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