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2008 (4) TMI 818

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..... JUDGMENT P.P. Naolekar, J. 1. Leave granted. 2. On 12.12.2005, an FIR was registered at Turkaulia P.S., District East Champaran, Bihar on the basis of a complaint lodged by Vinay Kumar Sharma. As per the said FIR, at about 1 o'clock in the afternoon he along with his brothers and nephew Ajay Sharma reached the land which belongs to his family. After some time, the accused-appellants, nam....

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....e lands measuring 75 bighas in village Chilrawan, District East Champaran, Bihar, as these lands were part of the land settled by Betia Raj with the ancestors of the appellants and they had mortgaged the property in the year 1915. After the period of 60 years, under the Bihar Money Lenders Act, the said lands would revert back to the appellants and their family members. It is a bone of contention ....

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....cated as the other party was the attackers and in the process of their attack five persons died and a number of other persons were seriously injured. 5. On a plain reading of the FIR which was lodged on the same day, i.e. on 12.12.2005, it is apparent that the accused-appellants were named as the persons who had caused serious injuries to Ajay Sharma, nephew of the complainant, who later on succu....