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HIGH COURT OF PATNA
BHARAT PODDAR – Appellant
Versus
STATE OF BIHAR – Respondent
CR. APP (SJ) 262 2000
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.257 of 2000
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(Against the Judgment of conviction and Order of sentence dated 24.7.2000
passed by Sri Vikas Kumar Sharma, 1st Additional Sessions Judge, Samastipur,
in Sessions Trial No.164/50 of 1994).
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Surendra Rai, son of Lutan Rai, resident of village-Chak Haidar, Police Station-
Tajpur, District-Samastipur.
.... .... Appellant.
Versus
The State of Bihar
.... .... Respondent.
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with
Criminal Appeal (SJ) No. 262 of 2000
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(Against the Judgment of conviction and Order of sentence dated 24.7.2000
passed by Sri Vikas Kumar Sharma, 1st Additional Sessions Judge, Samastipur,
in Sessions Trial No.164/50 of 1994).
=============================================================
Bharat Poddar, son of Sukhdeo Poddar, residents of village-Chakhaidar, P.S.
Tajpur, District-Samastipur.
.... .... Appellant.
Versus
The State of Bihar
.... .... Respondent.
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Appearance :
(In CR. APP (SJ) No. 257 of 2000):
For the Appellant: M/s. Ashutosh Kumar, Chandramohan Jha and Dhananjay
Kumar Singh, Advocates.
For the State : Mr. Abhay Kumar, A.P.P.
(In CR. APP (SJ) No. 262 of 2000):
For the Appellant: M/s. Jitendra Narain Sinha, Krishna Nandan Kumar, Rohit
Kumar and Shikha Roy, Advocates.
For the State : Mr. Abhay Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
CAV JUDGMENT
Date: 19-12-2012:
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Criminal Appeal (SJ) No.257 of 2000 filed on behalf of the
appellant, Surendra Rai, and Criminal Appeal (SJ) No.262 of 2000 filed
Patna High Court CR. APP (SJ) No.257 of 2000 dt.19-12-2012
2 / 18
2
on behalf of the appellant, Bharat Poddar, have been directed against the
judgment of conviction and order or sentence dated 24.7.2000 passed by
the court of 1st Additional Sessions Judge, Samastipur, in Sessions Trial
No.164/50 of 1994, whereby the court of 1st Additional Sessions Judge,
Samastipur, while acquitting the accused, Surendra Rai (appellant in
Criminal Appeal (SJ) No.257 of 2000) and the accused, Bharat Poddar
(appellant in Criminal Appeal (SJ) No.262 of 2000) for the charge under
Section 376 of the Indian Penal Code giving them the benefit of doubt,
has convicted them for the offence under Sections 366, 323 and 452 of
the Indian Penal Code and sentenced them to undergo rigorous
imprisonment for five years for the offence under Section 366 of the
Indian Penal Code, for two years for the offence under Section 452 of
the Indian Penal Code and for three months for the offence under
Section 323 of the Indian Penal Code. However, all the sentences were
ordered to run concurrently. Since both the appeals have been directed
against the same judgment of conviction and order of sentence dated
24.7.2000 passed by the court of 1st Additional Sessions Judge,
Samastipur, in Sessions Trial No.164/50 of 1994, they have been heard
together and are being disposed of by this common judgment.
2. In brief, the prosecution case is that the informant, Usha
Devi (P.W.3) gave her fardbeyan at the door of Surendra Rai in village-
Chak Haidar, Police Station-Tajpur, District-Samastipur, to the Sub
Patna High Court CR. APP (SJ) No.257 of 2000 dt.19-12-2012
3 / 18
3
Inspector of Police, Indradeo Prasad (P.W.11), Officer Incharge of
Police Station-Tajpur on 27.7.1993 at about 5.30 A.M. to the effect that
in the preceding night after taking the meal she had slept in her house.
At about 12 O’clock
