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2023 Supreme(Pat) 984

VIPUL M. PANCHOLI, RUDRA PRAKASH MISHRA
Chandan Kumar @ Chandran Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : M/s Dharmendra Kumar Singh, Shashi Shekhar Singh, Sadanand Roy (in 35); Surendra Kumar Singh, Prabhat Kumar Singh, Priya (in 10).
For the Respondent: Mr. Sujit Kumar Singh, APP (in both).

Vipul M. Pancholi, J. – Both these appeals, filed under Sections- 374(2) and 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’, arise out of the common judgment of conviction dated 15.11.2016 and order of sentence dated 18.11.2016 passed by Sri Yogesh Narayan Singh, learned Additional Sessions Judge, IV, Bhojpur, Arrah in S.T. No.150 of 2014, arising out of Arrah (Nawada) P.S. Case No.448 of 2013, whereby and whereunder the appellants have been held guilty for the offences punishable under Sections- 302, 364, 120(B), 392 and 34 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) and appellant/accused Chandan Kumar has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- for Sections- 302 and 120(B) of I.P.C., rigorous imprisonment for seven years and a fine of Rs. 5000/- for the offence under Section- 364 of I.P.C. and rigorous imprisonment for five years and a fine of Rs.5000/- for the offence under Section-392 of I.P.C. Appellant/accused Sonu Kumar has been sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000/- for Sections- 302 and 120(B) of I.P.C., rigorous imprisonment for seven

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