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2008 Supreme(Jhk) 555

AMARESHWAR SAHAY
Mustafa Mian – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

Amareshwar Sahay, J.

1. The above named two appellants were tried along with three other persons for the charges under Sections 148, 302 and 307 of the Indian Penal Code in Sessions Case No. 150 of 1998. Learned trial Court by the impugned judgment dated 16.7.2002 convicted the appellant Mustafa Mian for committing the offence under Sections 148 and 302 of the Indian Penal Code whereas, the appellant No. 2 Kalu Mian has been found guilty for the offence under Sections 148 and 307 of the Indian Penal Code. Accordingly, the appellant No. 1 was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and he, was further sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code. So far the appellant Kalu Mian is concerned, he was sentenced to undergo rigorous imprisonment for ten years for the offence under Section 307 of the Indian Penal Code and rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code. The three other accused persons namely Asgar Mian, Manik Mian and Kauser Mian were however acquitted from the charges levelled ag













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