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2022 Supreme(Pat) 359

A. M. BADAR, RAJESH KUMAR VERMA
Chhutaharu Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Ravindra Kumar, Manoj Kumar, Rajesh Roy.
For the Respondent: None.

JUDGMENT

A. M. BADAR, J.:–

By this appeal, Appellant/convicted accused Chhutaharu Mandal is challenging the Judgment and order dated 22.01.2014 and 24.01.2014 respectively passed by the learned Adhoc Additional Sessions Judge IV, Araria in Sessions Trial No. 281 of 2011 (Trial No. 49 of 2011) arising out of Forbesganj P.S. Case No. 78 of 2008, thereby convicting him of the offence punishable under Sections 302 and 447 r/w Section 34 of the Indian Penal Code. For the offence punishable under Section 302 r/w Section 34 of the Indian Penal Code, he is sentenced to suffer imprisonment for life apart from imposition of fine of Rs.10,000/- and in default to undergo rigorous imprisonment for three years. He was not separately sentenced for the offence punishable under Section 447 of the Indian Penal Code. For the sake of convenience, the appellant/accused shall be referred to in his original capacity as “an accused”.

2. Facts in brief projected from the police report leading to the prosecution of the accused can be summarized thus:—

a. It is case of the prosecution that at about 8 P.M. of 11.02.2008, at her own house, the accused sprinkled kerosene on person of Gulabi Devi (since deceased) an

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