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2023 Supreme(Pat) 1392

ASHUTOSH KUMAR, NANI TAGIA
Bhola Paswan S/o Lakhichand Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Vaishnavi Singh.
For the Respondent: Abhimanyu Sharma.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. Heard Ms. Vaishnavi Singh, learned Advocate for the appellant and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State.

2. The appellant has been convicted under Section 302 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 20,000/-and in default of payment of fine, to further suffer S.I. for one year under Section 302 IPC in S. Tr. No. 342/2014-46/2015 (arising out of Karpi P.S. Case No. 52/2014) corresponding to G.R. No. 673/2014) vide judgment and order dated 29.05.2017/31.05.2017 passed by the learned 5th Additional Sessions Judge, Jehanabad.

3. One Parmeshwar Thakur is said to have been killed at the hands of the appellant.

4. The appellant worked as a labourer in the village, who killed the deceased because his wife was taken away by the deceased for the last six months. These facts can be gathered from the FIR lodged by one of the sons of the deceased viz. Sunil Kumar, who has been examined as PW-7. In his fardbeyan which was recorded by S.I. Kameshwar Singh (PW-8) at 11:00 A.M. on 23.03.2014, he has alleged that while his father (deceased) was coming back from the field after

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