CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Sunil Kumar Puspam @ Sunil Kumar Yadav, Son of Late Ram Baran Yadav @ Nunu Prasad Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Nawneet Kumar Pandey, J.)
This appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 for setting aside the judgment dated 19.07.2019 and the order of sentence dated 22.07.2019 passed by the learned Additional Sessions Judge-III/Special Court M.P./M.L.A., Samastipur in S.T. No. 431 of 2011 arising out of Protest cum Complaint Case No. 851 of 2009, whereby the appellant has been convicted and sentenced as under:-
| Conviction under Section | Sentence | ||
|
| Imprisonment | Fine (Rs.) | In default of fine |
| 302 of the IPC | RI for life | 25,000/- | RI for six months |
2. PW 5, Kabutri Devi is the informant of this case. She happens to be the sister-in-law (gotni) of the deceased Manju Devi. Her fardbeyan was registered on 07.08.2005. She has mentioned in her fardbeyan that on 02.08.2005, at about 8:10 in the morning, she was going to Bithan Bazar with her sister-in-law Manju Devi (the deceased). When they reached near Sirisia bandh, a white-coloured Marshal vehicle, came from the western direction. The persons, who were present in that vehicle, asked as to why the informant and her sister-in-law were not siding themselve
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