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ASHWANI KUMAR SINGH, MADHURESH PRASAD
Mallik Yadav S/o Late Laxmi Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ASHWANI KUMAR SINGH, J.
The appellants have been held guilty vide judgment dated 6.09.2016 passed by the learned 5th Additional Sessions Judge, Munger (hereinafter referred to as the “Trial Court”) in Sessions Trial No. 44 of 2011 arising out of Muffasil P.S. Case No.168 of 2010 for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Vide a consequent order dated 09.09.2016, the Trial Court sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/-each under Section 302 of the Indian Penal Code and rigorous imprisonment for three years and to pay a fine of Rs.5,000/-each under Section 27 of the Arms Act. Both the sentences have been ordered to run concurrently.
2. The appellants have challenged the aforesaid conviction and sentence imposed against them by the Trial Court by filing the present appeal before this Court.
3. The prosecution in instant case was launched by registering Mufassil P.S. Case No. 168 of 2010 dated 13.09.2010 under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act against five persons, namely, Tulsi Yadav, Dhuran Yadav, Karelal Yadav, Mallik Yadav and
(1) FIR is an important document even though it is not a substantive piece of evidence. Prompt FIR prevents possibility of coloured version being put by informant.(2) Testimony of witnesses cannot be....
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