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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Karu Mian, son of late Bandhan Mian – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
Order :
1. The instant appeal is directed against the Judgment of conviction dated 16.12.1998 and order of sentence dated 18.12.1998, passed by learned 5th Additional Sessions Judge, Giridih, in Sessions Trial No.263 of 1995, arising out of Birni P.S. Case No.38 of 1994 (G.R. Case No.728 of 1994) registered under Section 396 of the INDIAN PENAL CODE by which the appellant has been convicted under Section 396 of the INDIAN PENAL CODE (IPC) and has been directed to undergo rigorous imprisonment for life.
2. It needs to refer herein that although the appeal has been preferred by Mr. Shree Niwas Roy, learned counsel, but, as would be evident from the order dated 23.11.2023, Mr. Akhouri Avinash Kumar, learned counsel, has been appointed as Amicus Curiae.
Factual Matrix
3. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case.
4. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-
5. According to prosecution case, in short, is that one Nandlal Sao @ Panehu Sao has lodged a fardbeyan
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