SURENDRA PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) One Barhan Das (hereinafter referred to as the deceased) paid price for changing his loyalty from one trade union to another and Surendra (hereinafter referred to as the 'accused') was said to be instrumental in taking away his life. Four persons faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short the 'IPC'). The trial Court convicted them accordingly. The matter was carried in appeal before the Jharkhand High Court which by the impugned order dismissed the appeal filed by the accused appellant and held that accusations under Section 302, I. P. C. have been made out against him who was accused No. 4 before the trial Court. Kedar Dusadh (A-1) died during the pendency of the appeal before the High Court. Chandrika Das (A-2) and Krishna Kumar (A-3) were given the benefit of doubt and their acquittal was directed.

(2.) Prosecution version as unfolded during trial is as follows :

(3.) Placing reliance on the evidence of the eye-witnesses, the trial Court convicted the accused persons and the conviction was maintained by the High Court so far as only the accused appellant is concerned. The High Court's judgment is under challenge in this appeal.