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2022 Supreme(Pat) 267

ASHWANI KUMAR SINGH, PARTHA SARTHY
Fagu Mushahar Son of Hathu @ Chhathu Mushahaf – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bashishtha Narayan Mishra, Mr. Brij Kishor Mishra, Advocate
For the Respondent: Mr. Dilip Kumar Sinha, APP.

JUDGMENT :

Ashwani Kumar Singh, J.

With consent of the parties, these two appeals have been taken up for final hearing.

2. In these two appeals, the appellants have challenged the judgment of conviction and order of sentence dated 07.06.2016 and 09.06.2016 respectively passed by the learned 3rd Additional Sessions Judge, Bagaha (West Champaran) in Sessions Trial No.162 of 1996 arising out of Valmikinagar P.S. Case No.15 of 1992 whereby and whereunder they have been convicted and sentenced to undergo rigorous imprisonment for life and a fine of Rs.10000/-each for the offence punishable under Section 302 of the Indian Penal Code (for short ‘IPC’) and in case of non-payment of fine to further undergo rigorous imprisonment for a term of one year each, rigorous imprisonment for ten years and a fine of Rs.5000/-each for the offence punishable under Section 364 of the IPC and in case of non-payment of fine to further undergo simple imprisonment for six months each and rigorous imprisonment for 7 years and a fine of Rs.3000/-each for the offence punishable under Section 201 of the IPC and in case of nonpayment of fine to undergo a further period of imprisonment for three months each. However,

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