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2024 Supreme(Pat) 52

VIPUL M. PANCHOLI, RUDRA PRAKASH MISHRA
Pankaj Pathik @ Rahi @ Pankaj Pathik Rahi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant : M/s Kamlesh Kumar, Kahkashan Alam, Deepmala Kumari.
For the State : Mr. Sujit Kumar Singh, APP.

Rudra Prakash Mishra, J.—The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as ‘Cr.P.C.’) challenging the judgment and order of sentence dated 25.11.2014 passed by the learned Additional Sessions Judge 3rd, Purnea in Sessions Case No. 63 of 2011 arising out of Purnea (Sadar) P.S. Case No. 432 of 1996, whereby and whereunder, the concerned Trial Court has convicted the appellant for the offences punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act and the appellant was sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs. 50,000/- and in default of payment of fine to further suffer Simple Imprisonment of six months for offence under Section 302 of the I.P.C. and Rigorous Imprisonment for four years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer Simple Imprisonment for six months for offence under Section 27 of the Arms Act. Both the sentences were directed to run concurrently. It was also directed that the period already undergone by the appellant in custody shall be set off against the total period of his sen

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