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2021 Supreme(Pat) 699

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
State Of Bihar – Appellant
Versus
Durgawati Devi – Respondent


Advocates Appeared:
Ms. Surya Nilambari, Amicus Curiae, Mr. Jitendra Narain Sinha, Advocate, for the Appellant; Mr. Ajay Mishra, APP, for the Respondent.

JUDGMENT

Ashwani Kumar Singh, J.

The appellants have been held guilty in Sessions Trial No. 104 of 2018 arising out of Vijaipur P.S. Case No. 169 of 2017 dated 6th September, 2017 by the learned 4th Additional District and Sessions Judge, Gopalganj for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code (for short 'IPC') vide judgment dated 10th July, 2020. The Trial Court, thus, vide its order passed on 17th August, 2020 awarded death sentence to the appellants for the offence punishable under Section 302 of the IPC and a fine of Rs. 30,000/-. However, no separate sentence was awarded for the offences punishable under Sections 120B and 201 of the IPC. The death sentence was made subject to confirmation by the High Court.

2. The Reference made by the Trial Court under Section 366 of the Code of Criminal Procedure (for short 'the CrPC) has been registered as Death Reference No. 1 of 2020. The appellants have challenged their conviction and sentence imposed by the Trial Court by filing an appeal vide Criminal Appeal (DB) No. 136 of 2021. The appeal and the reference have been heard together and are being disposed of by a common judgement.

3. The First Inform

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