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2023 Supreme(Pat) 914

VIPUL M. PANCHOLI, RUDRA PRAKASH MISHRA
Savitri Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : M/s Kumar Nikhil, Ghunghroo Anand.
For the State : Mr. Binod Bihari Singh, Addl. P.P.

Vipul M. Pancholi, J. – The present appeal has been filed by the appellant/convict under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as the ‘Code’) challenging the order of conviction dated 20.04.2016 and order of sentence dated 21.04.2016 passed by learned VIth Additional Sessions Judge, Gaya in Sessions Trial No. 37 of 2015 arising out of Dumariya P.S. Case No. 05 of 2013 whereby the concerned Trial Court has convicted both the appellants for the offences punishable under Sections 341, 323, 504, 302/34 of the Indian Penal Code (hereinafter referred as the ‘I.P.C.’). Both the appellants were convicted with sentence of life imprisonment and fine of Rs. 10,000/- each and in case of default of payment of fine, they will undergo rigorous imprisonment for one year each. No separate sentence was passed for the offences under Sections 341, 323, 504/34 of the I.P.C.

2. The factual matrix of the present case is as under: –

“The informant, Sita Ram Bhuiyan, submitted a written complaint on 19.01.2013 before the Police Station Officer of Dumaria Police Station, District-Gaya, in which it has been stated by the informant that on 18.01.2013 at about 08:00 p.m.,

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