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2023 Supreme(Pat) 1309

ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Sanjeev Kumar Yadav, S/o Bachandeo Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Smriti Singh (Adv.), Amicus
For the Respondent: Mr. Abhimanyu Sharma, APP

JUDGMENT

Ashutosh Kumar, J.

None of the three Advocates on record appeared for the appellant when the case was called out.

2. We, therefore, requested Ms. Smriti Singh, the learned Advocate, to assist us on behalf of the appellant. She agreed to the afore-noted request of the Bench and has assisted us in disposing of this appeal.

3. The State is represented by Mr. Abhimanyu Sharma, the learned APP.

4. The appellant is the husband of the deceased, who stands convicted under Section 302 of the I.P.C vide judgment dated 04.03.2014 passed by the learned Adhoc Additional Sessions Judge-I, Banka in Sessions Trial No. 1375 of 2010/Trial No. 103 of 2014, arising out of Bounsi P.S. Case No. 126 of 2010, and by order dated 11.03.2014, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 10,000/-and in default of payment of fine, to further simple imprisonment for two months.

5. The appellant is said to have slashed the neck of the deceased by means of a knife.

6. The informant of this case is the brother of the deceased, who has also been examined as P.W. 8 at the Trial. In his F.I.R, which was lodged on 23.07.2010 at the Referral Hospital, falling under the jurisdiction of

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