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2010 Supreme(Jhk) 738

D.K.SINHA
Balbhadar Sahu @ Bhadar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants : M/s A.K. Chaturvedi, Md. Zaid Ahmad.
For the State : A P P .

JUDGMENT

D.K. Sinha, J.-The instant appeal is directed against the judgment of conviction and order of sentence dated 18/ 19.7.2002 recorded by Shri Alok Kumar Dubey, Additional Sessions Judge, FTC., Gumla in Sessions Trial No. 345 of 1995, arising out of Palkot P.S. Case No. 49 of 1994, corresponding to G.R. No. 478 of 1994.

2. The appellant No. 1 Balbhadar Sahu @ Bhadar was convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years. He was further convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with the observation that both the sentences would run concurrently. The other appellants viz. Basant Sahu, Abhimanyu Sahu @ Munu Sahu, Balmiki Sahu, Anil Sahu and Jogi Kharia @ Xavier Dungdung were convicted under Sections 307/34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for three years. They were further convicted under Section 148 of the Indian Penal Code with the sentence of rigorous imprisonment for three years recorded against each of them. Both the sentences were directed to run concurrently.

3. The prosecution story in sh



















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