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2023 Supreme(Pat) 689

ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Md. Zuber – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants : M/s Arun, Kanika.
For the Informant : Mr. Nafisuzzoha.
For the State : Mr. Dilip Kumar Sinha.

Ashutosh Kumar, J. – We have heard Mr. Arun for the appellants and Mr. Nafisuzzoha for the informant. The state has been represented by Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor.

2. The appellants have been convicted under Sections 302/34, and 120B of the I.P.C. vide judgment dated 28.06.2019 passed in Sessions Trial Court No. 184 of 2018, arising out of Bhaptiyahi P.S. Case No. 67 of 2018 by the learned Fast Track Court No.-II, Supaul and by order dated 03.07.2019, both the appellants have been sentenced to undergo imprisonment for life for the offence under Sections 302/34 I.P.C. and life term for offence under Section 120B of I.P.C.

3. The sentences have been ordered to run concurrently.

4. The appellants have been held to be entitled to the set off Section 428 of the Code of Criminal Proceducre, 1973.

5. Mr. Arun, learned advocate has urged that the case is absolutely false. Since the appellants are having some dispute with the informant and the deceased, therefore, they have been named in this case. The entire story is false for several reasons but particularly with respect to the injuries suffered by the appellants for which they were hospitalized and which was

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