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2017 Supreme(Online)(Pat) 35

PRINCIPAL BENCH PATNA
Upendra Sahni – Appellant
Versus
The State Of Bihar – Respondent


CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL)

Date: 19.-07-2017

These four appeals each filed by one appellant question the legality of the judgment of conviction dated 12.02.2013 and order of sentence dated 13.02.2013 passed by the learned Ad hoc Additional Sessions Judge III, Darbhanga, in Sessions Trial No. 33 of 2010. The trial Court convicted all the appellants under Section 302/34 of the IPC and Section 120B of the IPC and sentenced them to undergo RI for life with fine having default clause and R.I. for 14 years respectively. Appellant Ranjit Sahni @ Kharha Sahni of Cr. Appeal no. 314 of 2013 was additionally held guilty under Sections 380 and 411 of the IPC and sentenced to undergo S.I for 03 years with fine having default clause and R.I. for one year respectively.

2. The factual background of the prosecution case as unraveled at the trial is that on the morning of 25.08.2008, the SHO of Singhwara P.S. on receiving a message regarding the murder of a couple in the village Singhwara north Ramkunj Mohalla records a „Sanha‟ and proceeds to the village where the statement of PW-22 was recorded on the same day at 9 A.M. PW-22 disclosed in the „fardbeyan‟ (Ext. 9) t

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