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2022 Supreme(Pat) 472

SUDHIR SINGH, CHANDRA PRAKASH SINGH
Garho Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Amish Kumar (Amicus Curiae).
For the Respondents: Mr. Ajay Mishra.

SUDHIR SINGH, J.:–The present appeal has been preferred against the judgment of conviction and order of sentence dated 15.05.1996, passed by the Additional District & Sessions Judge, Naugachia in Sessions Trial No.386 of 1995 arising out of Naugachia P.S. case No.268 of 1993, whereby and whereunder, the appellant has been convicted under Sections 302, 201 and 498A of the Indian Penal Code and has been sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and seven years rigorous imprisonment under Section 201 of the Indian Penal Code. No separate punishment was awarded under Section 498A of the Indian Penal Code.

2. Prosecution case, in brief, is that the informant (P.W.5) gave a written report dated 31.12.1993 (marked Ext-1) to the police, alleging therein that deceased Sabita Devi was married to the appellant in the year 1985. Thereafter, appellant developed illicit relation with his Bhabhi (accused Meena Devi), and this is why appellant and his Bhabhi (accused Meena Devi) used to assault deceased Sabita Devi very often. Further, it has been alleged that at times she was assaulted so brutally that she would not be in a position to move for about 15

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