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2022 Supreme(Pat) 452

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Saroj Kuer – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : M/s Amit Kumar Rakesh, Poonam Kumari.
For the Respondent: Mr. Dilip Kumar Sinha.

CHAKRADHARI SHARAN SINGH, J.:–The appellant has preferred this appeal under Section 374(2) read with Section 389(1) of the Code of Criminal procedure, challenging the impugned judgment of conviction dated 23.01.2014 and the order of sentence dated 29.01.2014 passed by learned Additional Sessions Judge-IV, Gopalganj, in Sessions Trial No. 38 of 2010/67 of 2010, whereby the sole appellant has been convicted and sentenced as under:—

Convicted under Sections

Sentence Imprisonment

Fine (Rs.)

In default of fine

302/34 of the Indian Penal Code

Life

10,000/-

Three months simple

imprisonment

328/34 of the Indian Penal Code

Five years rigorous

imprisonment

3,000/-

Two months simple

imprisonment

The sentences have been ordered to run concurrently.

2. We have heard Mr. Amit Kumar Rakesh, learned counsel appearing on behalf of the appellant and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.

3. P.W.-4, Shanti Kunwar, is the informant of Barauli P.S. Case No. 129 of 2009 and is the widow of the deceased. Her written

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