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2023 Supreme(Pat) 647

SUDHIR SINGH, CHANDRA PRAKASH SINGH
Shiv Chandra Tiwari S/o Late Baijnath Prasad Tiwari – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ajay Kumar Thakur, Ritwik Thakur, Vaishnavi Singh.
For the Respondent: Sujit Kumar Singh.

JUDGMENT :

SUDHIR SINGH, J.

1. The aforesaid criminal appeals have been filed in the year 1995 i.e. 27 years ago. They arise out of common judgment of conviction and order of sentence dated 16.08.1995. Therefore, after being heard together, they are being disposed of by a common judgment.

2. By the judgment of conviction and order of sentence dated 16.08.1995 passed by Sri Mishri Lall Choudhary, 2nd Addl. District and Sessions Judge, Muzaffarpur in Session Trial No. 267/90/76/94, arising out of Katra P.S. Case No. 1/90 corresponding to G.R. No. 11/90, Tr. No. 394 of 1994, the appellants namely Shiv Chandra Tiwari, Kumod Kumar Tiwari @ Mantu (appellants in Cr. Appeal (DB) No. 255 of 1995) and Pramod Kumar Tiwari @ Munna De (appellant in Cr. Appeal No. 287 of 1995) have been convicted under sections 302/34 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and have been sentenced to undergo rigorous imprisonment for life. The Trial Court has further convicted the appellant Pramod Kumar Tiwary @ Munna De (appellant in Cr. Appeal No. 287 of 1995) under section 27 of the Arms Act and under section 323 of I.P.C. and has directed the appellant to undergo R.I. for one year under se

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