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2025 Supreme(Pat) 685

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Mansi Yadav and ORS. S/O Chait Yadav – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Bari S.R.P. Sinha, Senior Advocate Mr. Brajesh Prasad Gupta, Mr. Rahul Nath
For the Respondent: Mr. A.M.P Mehta, APP

Table of Content
1. conviction details and case background. (Para 2 , 3 , 4)
2. witness testimonies regarding the incident. (Para 5 , 6 , 7 , 8 , 9)
3. postmortem analysis and investigation details. (Para 10 , 11)
4. arguments presented by the parties. (Para 12 , 13)
5. court's analysis and observations. (Para 15 , 16)
6. judgment of acquittal and order of discharge. (Para 17 , 18 , 19)

JUDGMENT :

RAMESH CHAND MALVIYA, J.

1. Heard Mr. Baxi S.R.P. Sinha, learned counsel for the appellants assisted by Mr. Brajesh Prasad Gupta, Advocate and Mr. Rahul Nath, Advocate and Mr. A.M.P. Mehta, learned counsel 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 20.12.2011 and order of sentence dated 22.12.2011 passed in Sessions Trial Case No. 195 of 2006/433 of 2006 arising out of Bihiya P.S. Case No. 171 of 2005 passed by the learned Additional Sessions Judge-I, Bhojpur, Ara, whereby and where-under the appellant has been convicted for the offence punishable under Sections 304/149 of the Indian Penal Code (hereinafter referred as ‘IPC’) and had been sentenced to un

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