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2023 Supreme(Pat) 654

ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Shankar Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants : M/s Sarbottam Kumar Sarkar(in 1206); Rishit Deo Kr. Sinha (in 1331).
For the Respondent: M/s Abhimanyu Sharma, A.P.P.(in 1206); Satya Narayan Prasad, A.P.P (in 1331).

Vipul M. Pancholi, J. – These appeals are filed under Section-374 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), against the impugned judgment and order dated 05.09.2018 rendered by the learned Additional Sessions Judge, Rosera, Samastipur in Sessions Trial No.608 of 2012, (arising out of Bithan P.S. Case No.46 of 2012), whereby the learned Trial Court has convicted the appellants/accused for the offences punishable under Sections-302 read with 149, 148 and 323 of the Indian Penal Code and the appellants/accused are sentenced to suffer rigorous imprisonment for life and fine of Rs.10,000/- for the offences punishable under Sections 302/149 of the Indian Penal Code and in default of payment of fine, rigorous imprisonment for additional six months each and simple imprisonment for two years for the offence punishable under Section 148 of the Indian Penal Code. The sentences were ordered to run concurrently.

2. The prosecution story, in brief, is as under:

3. The complainant Dilip Yadav filed the F.I.R. against the present appellants/accused and other in which he has mainly alleged that on the date of incident i.e. on 06.06.2012, at about 02:30 p.m., when he w

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