LAWS(SC)-2003-1-136

UMESH JHA Vs. STATE OF BIHAR

Decided On January 14, 2003
UMESH JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Father and son are appellants in Criminal Appeal No. 519 of 2002. Umesh Jha is the appellant in Criminal Appeal No. 518 of 2002. Father of Umesh Jha, namely, Kameshwar Jha died after his conviction and dismissal of appeal by the High Court.

(2.) Kameshwar, his son Umesh and Rajeshwar and his son Akhilesh were charged for the murder of Lachhman Jha and for inflicting injuries on his two sons Dinesh Jha and Ajay Jha. The trial court convicted Rajeshwar and Akhilesh for offences under Sections 302/34 and Section 302 IPC respectively. They were sentenced to undergo imprisonment for life. Akhilesh was also convicted for the offence under Section 307 IPC and sentenced to undergo imprisonment for 10 years. Kameshwar and Umesh were convicted for the offence under Sections 302/34 IPC and sentenced to undergo imprisonment for life.

(3.) The prosecution to prove its case examined, besides other witnesses, two injured witnesses. PW 8 is the informant injured witness. PW 3 is the other injured witness. Both are sons of the deceased. PW 5 has been examined by the prosecution as an independent witness.