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A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan partially set aside the Patna High Court verdict acquitting all the accused and asked convicts Mantu Tiwari and ex-MLA Shukla to surrender within 15 days.
The top court, however, gave benefit of doubt to six other accused, including former MP Surajbhan Singh, and upheld their acquittal as ordered by the high court in the case.
The bench said charges under 302 (murder) and 307 (attempt to murder) of the IPC have been established against Tiwari and Vijay Kumar Shukla alias Munna Shukla and asked them to surrender within 15 days.
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It had set aside the trial court’s August 12, 2009 order convicting them and awarding all the accused life sentences.
Former BJP MP Rama Devi, who is the wife of Brij Bihari Prasad, and the CBI had challenged the high court’s 2014 order acquitting the accused for lack of evidence.