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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ramesh Chand Malviya
Sk. Lal Babu, son of Sk Mir Hassan – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4) |
| 2. prosecution witness testimonies. (Para 5 , 6 , 7) |
| 3. defense arguments against conviction. (Para 8) |
| 4. prosecution's opposition to appeal. (Para 9) |
| 5. court's assessment of evidence. (Para 10 , 11 , 12) |
| 6. credibility and gaps in prosecution evidence. (Para 13 , 14 , 15) |
| 7. conclusion and order of acquittal. (Para 16 , 17) |
JUDGMENT :
Ramesh Chand Malviya, J.
Heard Mr. Mahendra Thakur assisted by Mr. Shashi Bhusan Pandey for the appellant in Cr. Appeal (SJ) No. 621 of 2008, Mr. Sangeet Deokuliar learned counsel for the appellant in Cr. Appeal (SJ) No. 687 of 2008 and Mr. Mukeshwar Dayal learned APP for the State.
2. The present appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the judgment of conviction dated 19.05.2008 and order of sentence dated 31.05.2008 passed in Sessions Trial Case No. 763 of 2006 arising out of Banjaria P.S. Case No. 49 of 2005 dated 10.01.2005 passed by the learned Additional District and Sessions Judge (FTC)-I, Motihari, whereby and where-under the appellants have been convicted for the offence punishable under Sections 3
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