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ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Sushil Singh S/o. Late Gaya Prasad Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashwani Kumar Singh, J.
Vide judgment dated 22.06.2016 passed by the learned Additional Sessions Judge-III, Aurangabad (hereinafter referred to as the ‘Trial Court’) in Sessions Trial No. 24/13/96/14 arising out of Aurangabad Mufassil P.S. Case No. 151 of 2012 the appellants have been held guilty for the charges under Sections 302 of the Indian Penal Code (for short ‘IPC’) and 27 of the Arms Act. Vide order dated 28.06.2016 the Trial Court sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- each and in default to undergo simple imprisonment for six months under Section 302 of the IPC. No separate sentence was passed by the Trial Court for the offence under Section 27 of the Arms Act. In the present appeal the appellants have challenged the aforesaid judgment of conviction and order of sentence.
2. The prosecution case as alleged in the written report submitted by the informant Ajay Yadav to the S.H.O. of Aurangabad Mufassil Police Station is that on 02.10.2012 at 07:30 PM when his uncle Tega Yadav and cousin brother Daroga Yadav reached near Devi Asthan situated in the southern side of his village, he saw his co-villagers Ajay Singh, Sush
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