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2022 Supreme(Pat) 391

A. M. BADAR, RAJESH KUMAR VERMA
Pankaj Pandey – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant : M/s Ravi Shankar Sahay, Chandra Mohan Jha, Rakesh Kumar Mishra.
For the Respondent: Mr. S. N. Prasad.

A. M. BADAR, J.:–By this appeal, appellant/accused no. 1 is challenging the Judgment and order dated 21.02.2015 and 23.02.2015 passed by the learned Adhoc Additional Sessions Judge-III, Kaimur at Bhabhua in Sessions Case No. 191 of 2013 (33 of 2010), thereby convicting him of the offences punishable under Sections 304 and 201 r/w Section 34 of the Indian Penal Code and sentencing him to suffer life imprisonment for the offence punishable under Section 304 of the Indian Penal Code apart from imposition of fine of Rs.10,000/- and default sentence of one year on failure to pay the fine. For the offence punishable under Section 201 r/w Section 34 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for two years apart from imposition of fine of Rs.5,000/- and in default to undergo imprisonment for three months. For the sake of convenience, the appellant shall be referred to in his original capacity as “an accused”.

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

a. It is case of the prosecution that the incident of commission of homicidal death of Anil Pandey, son of Ram Narayan Pandey took place at about 8.30 P.M. on 21.06.2006 i

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