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2024 Supreme(Pat) 507

RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Ranjeet Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant :M/s Baxi S.R.P. Sinha, Sr. Advocate Lokesh Kumar Singh.
For the Resp. Nos.2 to 4 : Mr. Harsh Singh.
For the State : Mr. Bipin Kumar, Addl. P.P.

Shailendra Singh, J.—Heard Mr. Baxi S.R.P. Sinha, learned senior counsel assisted by Mr. Lokesh Kumar Singh, learned counsel for the appellant, Mr. Harsh Singh, learned counsel for the respondent Nos. 2 to 4 and Mr. Bipin Kumar, learned Additional Public Prosecutor for the State.

2. The instant appeal has been preferred against the judgment dated 18.11.2022 passed by learned Sessions Judge, Gopalganj in Sessions Trial No. 765 of 2016, arising out of Uchkagaon P.S. Case No. 97 of 2011 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504 of the Indian Penal Code (in short ‘IPC’) read with Section 34 of IPC whereby the respondent nos. 2 to 4 (hereinafter referred as ‘respondents’) have been acquitted of the charged offences.

Prosecution Story:

3. The substance of the prosecution story is as follows:—

As per prosecution, on 21.05.2011, at about 5:00 P.M., the informant (deceased) was going to his clinic by riding on a motorcycle which was being driven by him. When he reached at Jhirua-Arna Road near a mosque, the accused/respondents namely, Arvind Yadav, Rajeev Yadav and Binod Yadav along with their 50 supporters were coming in a procession from the side of

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