Madan Tiwari vs State of Bihar - 2025 Supreme(Pat) 1369

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 1369

MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Madan Tiwari – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Appellants : M/s Shailendra Kumar Singh, Karu Kumar, Ajay Kumar Tiwari.
For the Informant : Mrs. Meena Singh.
For the State : Mr. Ajay Mishra, APP.

ORDER

Heard Mr. Shailendra Kumar Singh, learned counsel for the appellants, Mrs. Meena Singh, learned counsel for the informant and learned APP for the State, Mr. Ajay Mishra.

2. The present appeal has been preferred against the judgment of conviction dated 25.02.2025 and order of sentence dated 03.03.2025 passed by the learned Court of Additional Sessions Judge-IX, Kaimur at Bhabhua in Sessions Trial No. 2699/2014 (arising out of Durgawati P.S. Case No.30 of 2006), whereby and whereunder the appellants have been convicted under Section 302/34 of the Indian Penal Code (hereinafter in short referred to as ‘the I.P.C.’) and have been sentenced to undergo rigorous imprisonment for life with fine of Rs.50,000/- and in default of payment of fine, they have been directed to further undergo rigorous imprisonment for two months.

3. The case of the prosecution, in brief, as per the fardbeyan of the informant, Aagre Tiwari, recorded on 04.03.2006 at 2:30 A.M., is that in the night of 03.03.2006, while he was sleeping in the palani in front of his house, his nephew Dharmendra Tiwari (deceased) and his full brother, Shiv Sagar Tiwari, were also sleeping on two different cots in front of the house

Click Here to Read the rest of this document