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2023 Supreme(Pat) 1388

VIPUL M. PANCHOLI, CHANDRA SHEKHAR JHA
Parwati Devi @ Paro Devi W/o Rameshwar Mahto – Appellant
Versus
State of Biha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ajay Kumar Thakur, Rajkumar Rajesh, Pushpendra Kumar Singh, Kiran Kumari, Md. Imteyaz Ahmad, Ritwik Thakur, Vaishnavi Singh.
For the Respondents: Usha Kumari, Sadanand Paswan.
For the Informant : Jai Prakash Singh.

JUDGMENT :

VIPUL M. PANCHOLI, J.

1. The present appeals have been filed by the concerned appellants-convicts under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as the ‘Code’) against impugned judgment of conviction dated 06.04.2018 and order of sentence dated 09.04.2018 passed by learned Special Judge SC/ST (POA) Act, Begusarai in connection with Naokothi P.S. Case No. 12 of 2016, whereby the concerned Trial Court has convicted the present appellants for the offences punishable under Sections 302/34, 120B of the I.P.C., under Section 27 of the Arms Act and under Section 3(2)(v) of SC/ST Prevention of Atrocities Act.

2. The factual matrix of the present case is as under:

    “On 27.02.2016, at about 09:00 a.m. in the morning, Swati Kumari @ Krishna Kumari aged about 27 years, daughter of the informant Harilal Paswan (a teacher in an upgraded Middle School, Pir Nagar, Gamaharia) went to the school at 09:00 a.m. on 27.02.2016. The same day, at about 01:30 p.m., Swati Kumari was coming back to her home from the school. She was shot dead by the unknown miscreants who were boarded on a motorcycle in front of the house of Rampravesh Paswan. It is said that on hulla

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