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2021 Supreme(SC) 575

Nagendra Sah – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Kumar Mihir, AOR
For the Respondent(s): Mr. Manish Kumar, AOR Mr. Shivam Singh, Adv. Mr. Harpreet Singh Gupta, Adv. Mr. Sahil Raveen, Adv. Mr. Jaideep Khanna, Adv. Mr. Vidur Dwivedi, Adv. Mr. Harsh Choudhary, Adv. Mr. Abhinav Singh, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. The appellant is the accused. The appellant was prosecuted for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short I.P.C.). The learned Ad-hoc Additional Sessions Judge-III, Bagah, West Champaran by his Judgment and Order dated 29th August 2013 convicted the appellant for both the offences. The appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- for the offence punishable under Section 302 of IPC. In default of payment of fine, he was directed to undergo rigorous imprisonment for three months. For the offences punishable under Section 201 of I.P.C, he was directed to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for three months. The learned Sessions Judge directed that both the sentences shall run concurrently.

2. Being aggrieved by the verdict of the learned Ad-hoc Additional Sessions Judge, the appellant preferred an appeal before the High Court of Judicature at Patna. A Division Bench of Patna High Court by the impugned Judgment and Order dated 22nd April 2019

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