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2023 Supreme(Pat) 982

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


Advocates Appeared:
For the Appellants : Mr. Prince Kumar Mishra, Amicus Curiae
For the Respondent: Ms. Km. Shashi Bala Verma.

Vipul M. Pancholi, J. – The present appeal has been filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment dated 13.05.2015 passed by the Additional District & Sessions Judge, II, Katihar in Sessions Trial No. 302 of 2013 arising out of Katihar Muffasil P.S. Case No. 14 of 2013 whereby the appellants have been convicted under Section 302/34 of the Indian Penal Code and vide order of sentence dated 16.05.2015, they have been sentenced to undergo imprisonment for life, to pay a fine of Rs. 2,000/- each and in default of payment of fine, to further suffer simple imprisonment for two months for the offence under Sections 302/34 of the I.P.C.

2. The crux of prosecution case as it springs from the Fardbeyan of the wife of the deceased namely Devki Devi is that the Informant was living at the house of her mother situated in village Makdumpur, P.S. Makdumpur, Katihar for the last one month. On 25.01.2013, the husband of the Informant namely Budhu Ravidas (deceased) came at her parent house for taking her. At about 3 PM, the Informant was ready to go her matrimonial home situated in village Bastol. At the same time, the husband of the Inform

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