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2023 Supreme(Pat) 492

ASHUTOSH KUMAR, HARISH KUMAR
Fulan Das @ Fulman Das Son of Sipahi Das – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kartik Kumar Sinha, Mr. Kamal Kumar Sinha, Ms. Surya Nilambri, Mr. Subodh Prasad, Adv., Ms. Madhu Prasad, Adv., Mr. Davendra Kumar Pandey, Adv
For the Respondents: Mr. Binod Bihari Singh, APP

JUDGMENT :

ASHUTOSH KUMAR, J.

1. We have heard Mr. Kartik Kumar Sinha, the learned advocate for the appellant/Fulan Das @ Fulman Das (in Cr. Appeal (DB) No. 923 of 2015) and Mr. Subodh Prasad, the learned advocate for the appellants/Ajay Das and Mahesh Das (in Cr. Appeal (DB) No. 924 of 2015).

2. We have also heard Ms. Surya Nilambri, who had been appointed as amicus curiaeby the predecessor Bench in both the appeals.

3. Cr. Appeal (DB) No. 416 of 2018, preferred by the appellant/Bechan Das, has also been tagged along with the aforenoted two appeals arising out of the same occurrence. In this appeal, two Sessions Trial were amalgamated viz. Sessions Trial No. 603 of 2006 and Sessions Trial No. 1370 of 2006, and a common judgment was delivered by the Trial Court. In this case also, Ms. Surya Nilambri, the learned amicushas assisted us.

4. In all the three appeals, Mr. Binod Bihari Singh, the learned APP for the State has appeared.

5. These appeals have been preferred against the judgment dated 09.09.2015 and the consequent order of sentence dated 11.09.2015 passed in Sessions Trials No. 1296 of 2008 and 1061 of 2009 and the impugned judgment of conviction dated 31.01.2018 and the conseque

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