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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Niraj Yadav @ Niraj Kumar Chaudhri – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J.—Heard Mr. Y.V. Giri, learned Senior Counsel assisted by Mr. Devashish Giri, learned Counsel for the appellants and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.
2. The instant criminal appeal has been filed by the appellants against the judgment of conviction dated 06.06.2016 and order of sentence dated 13.06.2016 passed by the court of learned 1st Additional Sessions Judge, Purnea in Sessions Case No. 417 of 2015/Trial No. 376 of 2015 arising out of K. Hat P.S. Case No. 517 of 2015 whereby and whereunder the learned trial court convicted the appellants for the offences punishable under Sections 364A, 302, 120B and 201 of the Indian Penal Code (in short ‘IPC’). The appellants have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh) each for the offence under Section 364A of IPC. They have been further ordered to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,00,000/- (Rupees Two Lakh) each for the offence under Section 302 of IPC. They have been also ordered to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh) each for t
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The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
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