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ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Vir Bahadur Singh @ Lakki Singh @ Bir Bahadur Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : N.K. Agarwal, Viveka Nand Singh.
For the Respondent: Sujit Kumar Singh.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. Heard Mr. N.K. Agarwal, learned Senior Advocate for the appellant and Mr. Sujit Kumar Singh, learned APP for the State.

2. The appellant has been convicted under Section 302 of the IPC and Section 27 of the Arms Act vide judgment dated 07.01.2016 passed by the learned Additional Sessions Judge 1st -cum-Special Judge, Bhabua, Kaimur in Sessions Trial No. 02 of 2009/14 of 2015, arising out of Durgawati P.S. Case No. 87 of 2008 and vide order dated 13.01.2016 he has been sentenced to undergo R.I. for life, to pay a fine of Rs. 10,000/- and in default of payment of fine to further suffer R.I. for one year under Section 302 of the IPC and R.I. for seven years, to pay a fine of Rs. 5000/- and in default of payment of fine to further suffer R.I. for six months.

3. It appears that the learned Trial court has not indicated whether the sentences will run concurrently or consecutively.

4. The deceased (Gulab Sah) is the father of Mithai Lal (PW-4), who is the informant of this case. He has alleged in his fardbeyan recorded on 31.07.2008 in his village that the appellant and others had come to his house in the evening of 30.07.2008 and were abusing the family member

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