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2023 Supreme(Pat) 769

ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Shashikant @ Lucho Mahton – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants : Mr. Ramakant Sharma, Sr. Adv.
For the Informant : Mr. Ajay Kumar Thakur.
For the State : Mr. Sujit Kumar Singh, APP.

Ashutosh Kumar, J. – We have heard Mr. Ramakant Sharma, the learned Senior Advocate for the appellants and Mr. Ajay Kumar Thakur, the learned Advocate for the respondent/ informant. The State has been represented by Mr. Sujit Kumar Singh, the learned APP.

2. Both the appellants, who are own brothers have been convicted under Sections 302/34 and 387 of the IPC and Section 27(1) of the Arms Act vide judgment dated 12.08.2016 passed by the learned Sessions Judge, Begusarai in Sessions Trial No. 588 of 2014 and vide order dated 22.08.2016 and sentenced to undergo imprisonment for life for the offence under Section 302/34 of the IPC and R.I. for five years for the offence under Section 387 of the IPC. The appellants have further been sentenced for imprisonment for one year for the offence under Section 27(1) of the Arms Act. The sentences, however, have been ordered to run concurrently.

3. One Chunchun Kumar Singh is said to have been shot, at leading to his death, by the appellant no. 2/ ManiKant @ Fucho Mahto. As noted above, the other appellant/Shashikant @ Lucho Mahto is the own brother of Manikant @ Fucho Mahto.

4. The allegation against them is of having killed the deceased for non-p

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