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PRINCIPAL BENCH PATNA
ADITYA KUMAR TRIVEDI, J
Dadan Choudhary – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. arguments against prosecution evidence validity. (Para 6 , 7 , 8 , 9) |
| 2. judicial analysis of evidentiary inconsistencies. (Para 10 , 11 , 12 , 13 , 15 , 16 , 17 , 18) |
| 3. judgment set aside due to prosecution doubts. (Para 19) |
| 4. discharge of appellants from bail. (Para 20) |
ORAL JUDGMENT
Date: 05-11-2018
Appellants, Dadan Choudhary, Bhushan Choudhary, Chakraworti Choudhary and Rabindra Pathak @ Munna Pathak have been found guilty for an offence punishable under Section 324 /34 of the IPC and each one has been sentenced to undergo RI for 3 years, under Section 448 , each of them has been sentenced to under RI for 1 year with a further direction to run the sentences concurrently, vide judgment of conviction and order of sentence dated 28.01.2009 passed by Additional District & Sessions Judge, Fast Track Court No.3, Buxar in Sessions Trial No. 312 of 2004/108 of 2004.
2. Pantu Rawani (PW 1) gave his Fard-e-beyan on 02.11.2002 at about 12:00 Noon while he was admitted at Sadar Hospital, Buxar before the police officials of Buxar Town PS divulging the fact that he happens to be labourer and his livelihood is based upon daily earnings. He has gone to see a cultural programme
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