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2023 Supreme(Pat) 303

SUDHIR SINGH, CHANDRA PRAKASH SINGH
Ishtiaq Khan – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Chitranjan Sinha, Sr. Adv., Anukriti Jaipuriyar, Amicus Curiae, Surya Nilambari, Pratyush Pratap Singh(in 76); Krishna Prasad Singh, Sr. Adv., Anukriti Jaipuriyar, Amicus Curiae, Meena Singh, Mohit Raj, Shantanu Kumar (in 124).
For the Respondent: Mr. Bipin Kumar, A.P.P. (in both).

Sudhir Singh, J.—Heard the learned counsels for the appellants and learned counsel for the State.

2. Both the criminal appeals arise out of common judgment of conviction and order of sentence, hence they have been heard together and are being disposed of by this common judgment.

3. When the present appeals were taken up on 24.11.2021, none had appeared on behalf of the appellants and by order dated 24.11.2021, Ms. Anukriti Jaipuriyar, Amicus Curiae, was appointed by another Co-ordinate Bench of this Court to assist the Court at the costs of the State. Subsequently, when the appeals are being taken up today on 27.06.2023, learned counsels for the appellants have appeared.

4. Considering the same, with the consent of the parties, Ms. Anukriti Jaipuriyar, Amicus Curiae, is permitted to lead the argument.

5. Both the criminal appeals have been preferred against the judgment of conviction dated 31.01.1996 and the order of sentence dated 01.02.1996 passed by Shri Gopal Jee, 3rd Additional Sessions Judge, Patna in Sessions Trial No.113 of 1994 arising out of Gardanibagh P.S. case No.1002 of 1992, whereby and whereunder the appellants have been convicted under Sections 302/34 and 120B of the I

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