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2023 Supreme(Pat) 1085

ASHUTOSH KUMAR, NANI TAGIA
Ramvinay Rai @ Vinay Rai – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants : Mr. Sheo Jee Mishra.
For the Respondent: Mr. Dilip Kumar Sinha, APP.
For the Informant : Mr. Jai Prakash Verma.

Ashutosh Kumar, J.—We have heard Mr. Sheo Jee Mishra, learned Advocate for the appellants, Mr. Jai Prakash Verma, learned Advocate for the informant and Mr. Dilip Kumar Sinha, learned APP for the State.

2. The appellants, who are brothers amongst themselves, have been convicted under Sections 302, 120B and 201 of the Indian Penal Code vide judgment dated 04.05.2017 passed by the learned Additional Sessions Judge-XIII, East Champaran, Motihari, in Sessions Trial No. 166 of 2015, arising out of Chiraiya P.S. Case No. 87 of 2014. By order dated 09.05.2017, they have been sentenced to undergo imprisonment for life for the offence under Sections 302/120B. They have been saddled with a fine of Rs.10,000/- in default of payment of which, the appellants have been directed to undergo S.I. for six months. With respect to offence under Section 201 of IPC, the appellants have been sentenced to undergo R.I. for three years, to pay a fine of Rs.5,000/- and in default of payment of fine to further suffer S.I. for three months.

3. The sentences have been ordered to run concurrently.

4. Kamlesh Kumar, a student studying in a Coaching Institute, was found dead in the field of one Bishwanath Rai. Accord

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