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2022 Supreme(Pat) 517

ASHWANI KUMAR SINGH, HARISH KUMAR
State of Bihar – Appellant
Versus
Babli Miyan – Respondent


Advocates Appeared:
For the Petitioners: None (in 6).
For the Respondents: M/s J.P. Singh, Kamlesh Kumar Singh(in 6).
For the Appellants : M/s Pratik Mishra, Zainul Abedin (in 470); Vikram Deo Singh, Shankar Kumar (in 534);
M/s Jitendra Singh, Sr. Adv., Ashutosh Nath, Kumar Nikhil, Yash Singh (in 538); Keshav Shrivastava, Sr. Adv., Sarbottam Kumar Sarkar, Raj Kumar (in 542).
For the State : Ms. Shashi Bala Verma (in 470, 534, 538, 542).
For the Informant : Mr. Ravindra Kumar (in 470, 534, 538, 542).

ASHWANI KUMAR SINGH, J.:–The appellants Ahmad Miyan @ Ahmad @ Ahmad Hussain, Raju Khan @ Raju Kha, Babli Miyan, Abdullah Qureshi, Khurshid Qurashi, Anwar Quraishi @ Sarla Miyan, and Taushif Miyan @ Taushif Alam @ Md. Taushif Alam @ Tausif Ahmad have been held guilty vide order dated 09.03.2021 passed in Sessions Trial No.117 of 2019 arising out of Ara Town P.S. Case No.739 of 2018 by the learned Additional Sessions Judge-IXth, Bhojpur at Ara to the charges under Sections 302 read with 34, 307 read with 34, 387 read with 34 and 120B of the Indian Penal Code (for short ‘IPC’) and Section 27 of the Arms Act.

2. Consequent upon the conviction, vide order dated 14.06.2021, the aforesaid convicts have been sentenced to death and to pay a fine of Rs.one lakh each for the offence punishable under Section 302 read with 34 of the IPC, rigorous imprisonment for ten years and a fine of Rs.50,000/- each for the offence punishable under Section 307 read with 34 of the IPC, rigorous imprisonment for seven years and a fine of Rs.50,000/- each for the offence punishable under Section 387 read with 34 of the IPC, rigorous imprisonment for seven years and a fine of Rs.50,000/- each for the offence und

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