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2021 Supreme(Pat) 650

ASHWANI KUMAR SINGH, ANIL KUMAR SINHA
Rajesh Yadav – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Vijay Kumar Sinha, Advocate, Ajay Nandan Sahay, Advocate, Ajay Mishra, Advocate, Kumar Uday Singh, Advocate, Vindhya Keshari Kumar, Advocate, S.C. Mishra, Advocate, Ravindra Kumar, Advocate, A. Sharma, Advocate, Binod Kumar Yadav, Advocate, Maya Nand Jha, Advocate

JUDGMENT

Anil Kumar Sinha, J. - Criminal Appeal (DB) No. 135 of 2015 has been filed on behalf of the appellant Rajesh Yadav, Criminal Appeal (DB) No. 919 of 2014 has been filed on behalf of the appellants, namely, Dineshwar Yadav, Suresh Yadav and Kamta Yadav, Criminal Appeal (DB) No. 929 of 2014 has been filed on behalf of the appellant Ram Bihari Yadav, whereas Criminal Appeal (DB) No. 938 of 2014 has been preferred by appellant Raj Kumar Yadav. The appellants, in all these four appeals, were tried together, in Sessions Trial Nos. 460 of 2008, 462 of 2008 and 20 of 2012, arising out of Barhara (Krishnagarh) Police Station Case No. 46 of 2007, and as such, all these four appeals have been heard together and are being disposed of by this common judgment.

2. By the judgment, dated 19.11.2014, passed, in Sessions Trial Nos. 460 of 2008, 462 of 2008 and 20 of 2012, by Sri Ram Padarath, learned 2nd Additional Sessions Judge, Bhojpur, at Ara, all the above named appellants stood convicted under Sections 147 and 302 read with Section 149 of the Indian Penal Code. Further appellant, Rajesh Yadav, was also convicted under Section 27 of the Arms Act. In consequence of their conviction under S

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