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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Bistu Pasi son of Hari Pasi – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments from the appellant against the conviction (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis and observations regarding evidence and reliability (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 4. court's decision based on earlier findings (Para 33) |
| 5. conclusion and order to quash the conviction (Para 34 , 35 , 36) |
JUDGMENT :
Sujit Narayan Prasad, J.
The instant appeal is against the Judgment of conviction dated 11.05.1994 and Order of sentence dated 12.05.1994 passed by the 3rd Additional Sessions Judge, Deoghar in Sessions Case No.91 of 1991, whereby and whereunder, the appellant has been convicted for the offence under Sections 3 02 and 307 of the INDIAN PENAL CODE and Section 3 /4 of the Explosive Substance Act and directed to undergo rigorous imprisonment for life for the commission of offence under Section 3 02 of the INDIAN PENAL CODE .
2. The prosecution story in brief as per the fardbeyan of the Anandi Mahatha (informant) recorded by S.I., A.K. Dalmia of Deoghar P.S. at the emergency ward of Deoghar Hospital is that on 18.04.1990 at abou
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