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2022 Supreme(Pat) 1004

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Laxmi Singh @ Laxmi Kumar Singh @ Munna Singh @ Laxmi Narayan Singh, Son of Binda Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjeev Ranjan, Mr. Umesh Chandra Verma.
For the Respondent: Ms. Shashi Bala Verma.

JUDGMENT :

(Chakradhari Sharan Singh, J.)

By the impugned judgment and order dated 13.02.2020/15.02.2020 passed by the learned Additional Sessions Judge-XVI, East Champaran, Motihari in Sessions Trial No. 433 of 2006, the appellants have been convicted and sentenced as under:

In Criminal Appeal (DB) No. 37 of 2021

Laxmi Singh

Conviction under Section

Sentence

Imprisonment

Fine (Rs.)

In default of fine

302/34 of the IPC

For Life

50,000/-

SI for 6 months

In Criminal Appeal (DB) No. 57 of 2021

Mohan Singh

Conviction under Section

Sentence

Imprisonment

Fine (Rs.)

In default of fine

302/34 of the IPC

For Life

50,000/-

SI for 6 months

2. A fardbeyan of the informant Ram Kishore Thakur (PW-4) recorded by the Sub-Inspector Shri Krishna Prasad (not examined at the trial) of Motihari Police Station on 22.09.2004 is the basis for registration of Muffasil (Motihari) P.S. Case No. 173/2004 levelling the offence punishable under Section 302/34 of the Indian Penal Code (for short “IPC”).

3. The prosecution’s case as unfolded in the fardbeyan is that on t

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