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2021 Supreme(Pat) 1090

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Gaurav Kumar Rai @ Shubham – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Surendra Singh, Sr. Adv., Ms Fauzia Shakeel, Kaushal Kishore, Ranjit Yadav.
For the Respondent: Ms Shashi Bala Verma.

Ashwani Kumar Singh, J.—This appeal is directed against the judgment of conviction dated 26.10.2019 and the order of sentence dated 05.11.2019 passed by the learned Additional District & Sessions Judge-I, Rosera, Samastipur in Sessions Trial No. 172 of 2014 arising out of Vibhutipur P.S. Case No. 115 of 2013 whereby and whereunder the sole appellant has been convicted under Section 302 of the Indian Penal Code (for short ‘IPC’) and Section 27(1) of the Arms Act. He has been sentenced to undergo imprisonment for life and a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months under Section 302 IPC and rigorous imprisonment for three years and to pay a fine of Rs.3,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of three months under Section 27(1) of the Arms Act. Both the sentences have been ordered to run concurrently.

2. The prosecution case was launched based on the fardbeyan of the father of the deceased Ram Dev Das, which was recorded by the Assistant Sub-Inspect

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