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2019 Supreme(Jhk) 2023

APARESH KUMAR SINGH, KAILASH PRASAD DEO
Ram Sharma – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent


Advocates Appeared:
For the Appellants :Mr. Praveen Shankar Dayal, Advocate.
For the State : Mr. Rakesh Kumar, A.P.P.

JUDGMENT :

Kailash Prasad Deo, J.

Heard, learned counsel for the appellants, Mr. Praveen Shankar Dayal, Advocate and learned counsel for the State, Mr. Rakesh Kumar, learned Additional Public Prosecutor.

2. Five appellants had preferred the present criminal appeal against the impugned judgment of conviction dated 28.09.1996 passed in Sessions Trial No.137 of 1991 by learned Additional District & Sessions Judge, Bokaro, whereby they have been convicted under Sections 302/34 and 201/34 Indian Penal Code and have been awarded imprisonment for life for the offence committed and punishable under Section 302/34 Indian Penal Code and rigorous imprisonment for three years for the offence committed and punishable under Section 201/34 of the Indian Penal Code vide order of sentence of the same date.

3. During pendency of appeal one of the convict/appellant Ramayan Sharma died and his criminal appeal has abated vide order dated 16.05.2019, as such the present criminal appeal is pending with respect to four surviving appellants namely, Shri Ram Sharma, Dharmendra Sharma, Vidya Sagar and Haridwar Prajapati and is being taken up.

4. In the present appeal the questions arises for consideration are as

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