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2022 Supreme(Pat) 80

A. M. BADAR, SUNIL KUMAR PANWAR
Pradeep Kumar S/O Raja Ram Sah – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.Amis Kumar (Amicus Curiae)
For the Respondents: Mr S.N. Prasad, A.P.P.

JUDGMENT :

SUNIL KUMAR PANWAR, J.

Heard Mr. Amis Kumar, learned counsel appearing for the appellant as well as Mr. S.N. Prasad, learned Additional Public Prosecutor for the State.

2. This appeal is preferred by the appellant challenging the judgment of conviction and order of sentence dated 18th day of April 1994 passed by the learned 2nd Additional Sessions Judge, East Champaran, Motihari in Sessions Trial no. 62 of 1993.

3. By the aforesaid judgment dated 18th day of April, 1994 appellant-Pradeep Kumar has been convicted for the offence punishable under Section 302/34 of the Indian Penal Code. After hearing the convict on the point of sentence, vide consequential order dated 18 day of April, 1994, the trial court sentenced the appellant Pradeep Kumar to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the Indian penal Code.

4. The FIR giving rise to the sessions trial was registered on the basis of the statement of the informant, namely, Panna Lal Sah, P.W.-8 who is husband of the deceased. Recapitulating the prosecution case, in short, is that on Wednesday, dated 12th day of August, 1992, the informant, Panna Lal Sah (P.W.-8) came to his home

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