Gauri Shankar Choudhary vs State of Bihar

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Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 162

CHAKRADHARI SHARAN SINGH, RAJIV ROY
Gauri Shankar Choudhary – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Appellant : M/s Surendra Kumar Singh, Sanjeev Kumar Mishra (in both).
For the Respondent: M/s Shashi Bala Verma, Spl. P.P. (in 1181, 1190), Krishna Prasad Singh, Sr. Adv.(in 1181).

Headnote: Read headnote

Rajiv Roy, J. – The appellants are aggrieved by the order and judgment dated 24.9.2016 and the sentence dated 27.9.2016 passed by the learned IVth Additional Sessions Judge, Bhojpur Arrah in Sessions Trial No. 280 of 2014 (in connection with Piro P.S. Case No. 40 of 2014) by which the appellants Gauri Shankar Choudhary (Cri. Appeal No. 1181 of 2016) Hari Choudhary and Manoj Choudhary (Cri. Appeal No. 1190 of 2016) have been held guilty under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. ten thousand and further Gauri Shankar Choudhary has been held guilty under Section 27 of the Arms Act and sentenced to undergo Rigorous Imprisonment for two years and fine of Rs. 2,000/- and in default imprisonment of six months has been ordered. All the sentences have been directed to run concurrently.

2. The prosecution story as it unfolds in the FIR is/are as follows: –

(i) Chano Devi @ Chano Kunwar, wife of the deceased Ram Chandra Singh alleged that in the night of 12.2.2014, she was sleeping in the ‘Dalan’ while her husband was sleeping in the ‘Verandah’. On the b

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