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2023 Supreme(Pat) 350

A. M. BADAR, HARISH KUMAR
Subhash Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Anamul Haque, Najmul Hoda, Pranjal Kumar(in 685); Md. Najmul Hoda(in 727); Sweety Sinha, Dr. Manoj Kumar (in 757).
For the Respondent: M/s Binod Bihari Singh, APP (in 685, 727); Bipin Kumar, APP (in 757).

Harish Kumar, J.—We have heard Mr. Najmul Hoda, learned counsel for the appellant in Cr. Appeal (DB) No. 685 of 2014 and Cr. Appeal (DB) No. 727 of 2014; Mrs. Sweety Sinha in Cr. Appeal (DB) No. 757 of 2014 and Mr. Binod Bihari Singh, learned APP for the State in all the three appeals.

2. All the three appeals are arising out of S.T. No. 859 of 2009 / Tr. No. 68 of 2013 emanates from Jagdishpur (Goradih) P.S. Case No. 40 of 2009, disposed of vide judgment of conviction and sentence by the learned 1st Additional Sessions Judge, Bhagalpur and, as such, the same have been heard together with the consent of the parties and being disposed of by this common judgment.

3. The appellants have challenged the judgment of conviction dated 09.07.2014 and the consequent order of sentence dated 17.07.2014 passed by the learned 1st Additional Sessions Judge, Bhagalpur in S.T. No. 859 of 2009 / Tr. No. 68 of 2013, arising out of Jagdishpur (Goradih) P.S. Case No. 40 of 2009, whereby and whereunder they have been found guilty and convicted for the offences under Sections 302/34 of the Indian Penal Code and sentenced to undergo Imprisonment for life and to pay a fine of Rs.10,000/- to each convict for

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