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2023 Supreme(Pat) 362

ASHUTOSH KUMAR, HARISH KUMAR
Md. Raju – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Md. Najmul Hoda, Shweta, Pranjal Kumar (in both.
For the Respondent: Mr. S.B.Verma, APP (in both).

Ashutosh Kumar, J.—Heard Md. Najmul Hoda for the appellants in Cr. Appeal (DB) No. 969 of 2015 (Md. Raju) and Cr. Appeal (DB) No. 914 of 2015 (Md. Sonu). The State has been represented in both the appeals by Ms. Shashi Bala Verma, learned Additional Public Prosecutor.

2. Both the appellants have been convicted under Sections 302, 201 and 34 of the Indian Penal Code vide judgment and order of conviction dated 28.08.2015 and order of sentence dated 31.08.2015 passed in Sessions Trial No. 245 of 2007 arising out of Kotwali (Ishakchak) P.S. Case No. 572 of 2006 and have been sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine to further suffer rigorous imprisonment for two years for the offence under Sections 302/34 of the Indian Penal Code and rigorous imprisonment for two years, a fine of Rs. 2000/- each and in default of payment of fine, to suffer further simple imprisonment of two months for the offence under Section 201 of the Indian Penal Code.

3. The case against the appellants rests on the extra judicial confession having been made by appellant/Md. Raju and the circumstantial evidence in the case. Md. Irshad Alam, w

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