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2023 Supreme(Pat) 149

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Ayodhi Das @ Ajodhi Das – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Baxi S.R.P. Sinha, Sr. Adv., Brajesh Prasad Gupta, Mr. Brij Nandad Prasad.
For the Respondent: Mr. Abhimanyu Sharma, APP.

Chakradhari Sharan Singh, J. – By the impugned judgment and order dated 06.06.2014/12.06.2014 passed by the learned Ist Additional Sessions Judge, Banka in Sessions Trial No. 1018A of 2005/ Trial No. 410 of 2014, the appellant has been convicted and sentenced as under: –

Conviction

Sentence

under Section

Imprisonment

Fine (Rs.)

In default of fine

396 of the IPC

RI for Life

2. A fardbeyan of the informant (PW-2) recorded by Sub-Inspector of Police, R.K. Baitha, Officer-in-Charge, Katoria Police Station at 08:00 a.m. on 22.05.2004 is the basis for registration of F.I.R. It is the prosecution's case, as disclosed in the fardbeyan that on 20.05.2004, marriage of the informant's brother, Kamlesh Yadav (PW-1) was solemnized whereafter the barat had returned to the village in the morning on 21.05.2004. In the midnight, when the ladies were singing songs 20-25 miscreants, 18 of whom were named including this appellant entered into his village and surrounded his house from all the sides. They started hurling abuses and asked them to handover all the val

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