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2023 Supreme(Pat) 1379

VIPUL M. PANCHOLI, CHANDRA SHEKHAR JHA
Latyain Yadav son of Late Janki Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amar Prakash, Advocate
For the Respondent: Mr. Dilip Kumar Sinha, APP, Mr. Sujit Kumar Singh, APP

JUDGMENT :

Vipul M. Pancholi, J.

Both these appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of conviction dated 22.06.2016 and order of sentence dated 23.06.2016, passed by learned 2nd Additional District and Sessions Judge, Jamui in Sessions Trial No.254 of 2013, arising out of Jhajha P.S. Case No.160 of 2012, by which both the appellants have been convicted and sentenced to undergo R.I. for life and fine of Rs.10,000/-each and in default of payment of fine, the appellants have to undergo S.I. for two months for the offences punishable under Sections 302/34 of the Indian Penal Code.

2. The prosecution story, in brief, is as under:

One Sudhir Kumar Yadav, S/o Jibu Yadav of village Kewal Fariyaka, P.S. Khaira, District Jamui informed the concerned police authority that on 10.11.2012 his brother-in-law, namely, Shantanu Yadav (deceased) came to his village. It is alleged that when the brother-in-law of the informant was returning to his village Baliyadih, the mother of the informant told the informant to go alongwith his brother-in-law to his village and bring her daughter to Kewal Fariyaka on the

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