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2023 Supreme(Pat) 1169

ASHUTOSH KUMAR, SHAILENDRA SINGH
Shankar Singh Son of Late Dineshwar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Choudhary Shyam Nandan, Mr. Krishna Kumar Yadav, Advs.
For the Respondents: Ms. Shashi Bala Verma, APP

JUDGMENT :

Ashutosh Kumar, J.

We have heard Mr. Chaudhary Shayam Nandan assisted by Mr. Krishna Kumar Yadav, learned advocates for both the appellants and Ms. Shashi Bala Verma for the for the State.

2. Both the appeals have been heard together and are being disposed of by this common judgment.

3. The appellants who are related to each other have been convicted under Sections 302 & 201 with the aid of Section 34 of the I.P.C. and have been sentenced to undergo imprisonment for life, a fine of Rs. 10,000/- for the offence under Section 302/34 of IPC and rigorous imprisonment for five years and a fine of Rs. 5,000/- for the offence under Section 201/34 of IPC by judgment of conviction and order of sentence dated 27.11.2014 and 04.12.2014 respectively in Sessions Trial No. 24 of 2013 arising out of Birpur P.S. Case No. 65 of 2012. Both the sentences have been ordered to run concurrently.

4. A lady by the name of Baby Devi was killed by the appellants. The appellants stand in relation to the deceased. On 12.07.2012, a local Chowkidar namely Ram Kumar Mahto (P.W.9) learnt that a dead body of a young female is lying in a water-body in front of the field of one Soman Mahto (P.W.3). On such inf

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