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2023 Supreme(Pat) 1431

IN THE HIGH COURT OF JUDICATURE AT PATNA
Chakradhari Sharan Singh, Jitendra Kumar
Brahmdeo Ram S/o Late Ramdeo Ram – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Mahendra Thakur, Adv., Mr. Vijay Kumar, Adv
For the Respondent: Ms. Shashi Bala Verma, APP

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure assailing the judgment of conviction dated 16.10.2017 and an order of sentence dated 17.10.2017 passed by the learned passed by the learned 1st Additional Sessions Judge, Sheohar in connection with Sessions Trial No. 28 of 2013/ 70 of 2013, whereby and whereunder the appellant has been convicted and sentenced as under :-

Penal
Provision
Sentence
ImprisonmentFine (Rs.)In default of fine

under Section 302 of the IPC

Rigorous imprisonment for lifeRs. 50,000/- SI for Six months

Section 27 of the ARMS ACT

Rigorous Imprisonment for 7 yearsRs. 10,000/- SI for two months

2. The father of the deceased (PW-3) is the informant whose fardbeyan recorded by the SHO Samol Kant Jha (PW-5) Tariyani PS on 03.01.2021 at 10:00 pm at the house of Ram Narayan Mahto (PW-1) of Sultanpur Hurrahia, is the basis for registration of Tariyani P.S. Case No. 01 of 2012 disclosing commission of offences punishable under Sections 302 , 120B and 34 of the INDIAN PENAL CODE and Section 27 of the ARMS ACT .

3. Briefly narrated, according to the informant, he was returning after irrigating h




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