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PRINCIPAL BENCH PATNA
Aditya Kumar Trivedi, J
Rajeshwar Rai – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. establishment of factual background of the case. (Para 2 , 3 , 5) |
| 2. prosecution witness accounts and defense arguments. (Para 4 , 6 , 15) |
| 3. critique of prosecution and defense evidence. (Para 7 , 8 , 19) |
| 4. court's reasoning and evaluation of evidence. (Para 9 , 11 , 18 , 20) |
| 5. final ruling and order of the court. (Para 21 , 22) |
ORAL JUDGMENT
Date: 18-08-2018
Appellant, Rajeshwar Rai has been found guilty for an offence punishable under Section 308 IPC and sentenced to undergo RI for 5 years, under Section 27 of the Arms Act and sentenced to undergo RI for 4 years with a further direction to run the sentences concurrently. Subsequently thereof, the learned lower court had also inflicted fine of Rs. 10,000/- and in default thereof, to undergo SI for 3 months (not specified) additionally by Sessions Judge, Bhojpur at Ara vide judgment of conviction dated 18.09.2015 and order of sentence dated 22.09.2015 relating to Sessions Trial No. 42/2010.
2. Deva Nand Rai (PW-5) gave his Fard-e-beyan on 06.06.2008 at about 4:40 PM at Sadar Hospital, Ara where his daughter/injured Pushpa Kumari was admitted disclosing therein that yesterday on 05.06.2008 at about 6:00 PM while he wa
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