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2023 Supreme(Jhk) 1049

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Debjit Guha @ Deojeet Guha son of Shri Manoranjan Guha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Akhouri Awinash Kumar, Mr. Harsh Raj, Advocate
For the Respondent: Mr. Vishwanath Roy, Spl. P.P., Mr. Pankaj Kumar Mishra, A.P.P., Mr. Manoj Kumar Mishra, A.P.P.
For the Informant : Mr. Arun Kumar Pandey, Mr. J.N.Upadhyay, Advs.

Table of Content
1. three appeals relate to a murder conviction stemming from a distinct property dispute. (Para 1 , 9)
2. arguments centered on the absence of common intention in a sudden quarrel context. (Para 15 , 42)
3. court clarifies murder versus culpable homicide in regards to sudden fights. (Para 56 , 124)

JUDGMENT :

Sujit Narayan Prasad, J.

1. These three appeals arise out of the same impugned judgment of conviction and sentence, as such, directed to be listed together for analogous hearing.

2. All the three appeals are being taken up together.

3. At the outset, learned counsel appearing for the appellants has submitted that the appellant Manoranjan Guha, Appellant No.2 of since has died in course of pendency of the appeal, therefore, the appeal may be abated so far as it relates to Appellant No.2 Manoranjan Guha is concerned.

4. Accordingly, Criminal Appeal (DB) No.667 of 2011 stands abated so far as it relates to appellant Manoranjan Guha.

5. The Criminal Appeal (DB) No.667 of 2011 is, therefore, confined to only appellant Smt. Bani Guha @ Bani Rani Guha.

6. It has been informed to this Court on behalf of Appellant No.1 Smt. Bani Guha @ Bani Rani Guha of Criminal Appeal (DB) No.66

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