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2019 Supreme(Jhk) 573

APARESH KUMAR SINGH
Bhadar Lohar – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent


Advocates:
Advocate Appeared:
For the Appellants :M/s P.P.N. Roy, Sr. Advocate, Pragati Prasad, Advocate
For the State : Mr. Arun Kumar Pandey, Additional Public Prosecutor

JUDGMENT :

1. Heard learned Senior Counsel for the appellant and learned Additional Public Prosecutor on behalf of the State.

2. Under the impugned judgment dated 09.05.1996 passed in Sessions Trial No. 168 of 1993 by learned 2nd Additional Sessions Judge, Jamshedpur, seven accused persons were convicted for the charges under Section 302/149 of the Indian Penal Code. Accused Bhadar Lohar, Chhotababu Lohar and Ganesh Lohar were found guilty of rioting armed with deadly weapons and additionally convicted under Section 148 of the Indian Penal Code and rest four accused persons namely Vijay Lohar, Jagan Lohar, Mangal Lohar and Kallu Lohar were found guilty of rioting and additionally convicted under Section 147 of the Indian Penal Code. By the impugned order of sentence dated 10.05.1996 all the seven accused persons convicted under Section 302/149 of the Indian Penal Code were sentenced to undergo rigorous imprisonment for life. The three accused namely Bhadar Lohar, Chote Babu Lohar and Ganesh Lohar were sentenced to undergo rigorous imprisonment for three years each for the offence under Section 148 of the Indian Penal Code. The rest four accused namely Vijay Lohar, Jagan Lohar, Mangal

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