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2020 Supreme(Pat) 719

HEMANT KUMAR SRIVASTAVA, PRABHAT KUMAR SINGH
Rudal Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : M/s Krishna Mohan, Praveen Kumar, (in 303, 353).
For the State : M/s Shiwesh Chandra Mishra, (in 303); Dilip Kumar Sinha, (in 353).

Hemant Kumar Srivastava, J. – Both the above stated criminal appeals have been preferred against the common judgment of conviction dated 30.05.1994 and sentence order dated 01.06.1994 passed by learned 5th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 159 of 1981 by which and whereunder he convicted all the above stated six appellants for the offence punishable under Section 302 read with Section 34 of the IPC and furthermore, appellants Kartik Yadav, Rudal Yadav, Subhas Yadav, Suresh Yadav and Gopal Yadav have been convicted for the offence punishable under Section 147 of the IPC whereas appellant Arjun Yadav has been convicted for the offence punishable under Section 148 of the IPC. However, all the appellants have been acquitted of the charge framed under Section 323 of the IPC and accordingly, all the six appellants have been sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the IPC. Furthermore, appellants Kartik Yadav, Rudal Yadav, Suresh Yadav, Subhas Yadav and Gopal Yadav have been sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 147 of the IPC and appellant Arj

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