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HIGH COURT OF JHARKHAND
Sujit Narayan Prasad, Rajesh Kumar, JJ
Kaila Mahto – Appellant
Versus
The State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. prosecution's case basis and conviction details. (Para 2 , 3 , 4 , 5 , 6) |
| 2. appellant's arguments contesting conviction. (Para 9 , 10 , 11) |
| 3. analysis of trial court’s findings. (Para 12 , 13 , 14 , 15) |
| 4. constructive liability under section 149 i.p.c. (Para 43 , 44) |
| 5. modification of conviction and final verdict. (Para 70 , 74 , 75) |
C.A.V. on 17/04/2025
Pronounced on 10/06/2025
Per Sujit Narayan Prasad, J.
1. At the outset, it needs to refer herein that the appeal against the appellant nos.1 (Khiru Mandal), 2 (Manjhi Mahto), 3 (Ganpat Mahto), 6 (Sukhdeo Mahto), 7 (Babu Mani Singh) and 11 (Arjun Mahto) was abated vide order dated 30.07.2024. So far as appellant no.12 (Bahadur Mandal) is concerned, the appeal was abated vide order dated 17.04.2025.
2. The instant appeal filed under Section 374 (2) of the Code of Criminal Procedure , is directed against the judgment of conviction dated 08.09.1998 and order of sentence dated 09.09.1998 passed by the learned Addl. Sessions Judge-V, Giridih in Sessions Trial No.392 of 1995, whereby and whereunder, the appellants have been convicted for the offence punishable under Sections 302 /149 of the Indian Penal Code and sentenced t
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