IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.255 of 1995

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1. Shiv Chandra Tiwari, son of Late Baijnath Prasad Tiwari

2. Kumod Kumar Tiwari @ Mantu, son of Shiv Chandra Tiwari,

Residents of village Sonepur Gor Toli, Police Station-Katra, District-

Muzaffarpur. ... ... Appellants

Versus

The State of Bihar ... ... Respondent

======================================================

with

CRIMINAL APPEAL (DB) No. 287 of 1995

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Pramod Kumar Tiwari @ Munna De, son of Sheo Chandra Tiwari, resident of

village -Sonpur Goartoli, Police Station- Katara, District- Muzaffarpur.

... ... Appellant

Versus

The State of Bihar ... ... Respondent

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Appearance :

(In CRIMINAL APPEAL (DB) No. 255 of 1995)

For the Appellants

:

Mr. Ajay Kumar Thakur, Mr. Ritwik Thakur and

Mrs. Vaishnavi Singh, Advocates

For the Respondent

:

Mr. Sujit Kumar Singh, APP

(In CRIMINAL APPEAL (DB) No. 287 of 1995)

For the Appellant

:

Mr. Ajay Kumar Thakur, Mr. Ritwik Thakur and

Mrs. Vaishnavi Singh, Advocates

For the Respondent

:

Mr. Sujit Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

Date : 29-03-2023

The aforesaid criminal appeals have been filed in the year

1995 i.e. 27 years ago. They arise out of common judgment of

conviction and order of sentence dated 16.08.1995. Therefore,

after being heard together, they are being disposed of by a

common judgment.

Patna High Court CR. APP (DB) No.255 of 1995 dt.29-03-2023

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2. By the judgment of conviction and order of sentence

dated 16.08.1995 passed by Sri Mishri Lall Choudhary, 2^nd Addl.

District and Sessions Judge, Muzaffarpur in Session Trial No.

267/90 / 76/94, arising out of Katra P.S. Case No. 1/90

corresponding to G.R. No. 11/90, Tr. No. 394 of 1994, the

appellants namely Shiv Chandra Tiwari, Kumod Kumar Tiwari

@ Mantu (appellants in Cr. Appeal (DB) No. 255 of 1995) and

Pramod Kumar Tiwari @ Munna De (appellant in Cr. Appeal

No. 287 of 1995) have been convicted under sections 302/34 of

Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and

have been sentenced to undergo rigorous imprisonment for life.

The Trial Court has further convicted the appellant Pramod

Kumar Tiwary @ Munna De (appellant in Cr. Appeal No. 287 of

1995) under section 27 of the Arms Act and under section 323 of

I.P.C. and has directed the appellant to undergo R.I. for one year

under section 27 of the Arms and R.I. for one month under

section 323 of I.P.C. All the sentences awarded to the appellant

Pramod Kumar Tiwari @ Munna De have been directed to run

concurrently.

3. The prosecution case, as per the fardbeyan of informant

Manish Kumar Tiwary recorded on 01.01.1990 at 07.15 p.m. is

that on the same day when the informant was at his darwaza at

Patna High Court CR. APP (DB) No.255 of 1995 dt.29-03-2023

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about 06:00 p.m. in the evening, accused Manoj Kumar Tiwary,

Pramod Kumar Tiwary, Kumod Kumar Tiwari, Shiv Chandra

Tiwari and three unknown persons came there and accused

Manoj Kumar @ Chunu Tiwari went into the angan of the

informant and opened fire which was heard by the informant. It

has been further stated that informant Manoj Kumar Tiwari @

Chunu came out of his house stating that Krishna Chandra Tiwari

is not at home and the