ANAND KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been filed against the judgment and order dated 19.12.2000/ 20.12.2000 passed by the 3rd Additional Sessions Judge, Madhubani in Sessions Trial No. 109 of 1980/44 of 1985. They have been heard together and are being disposed of by this common judgment.

(2.) THE appellants in Cr.Appeal No. 4/2001 have been convicted for the offence u/s. 201 of the Indian Penal -. Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2000.00. each, in default of payment to undergo simple imprisonment for two months each. The appellants in Cr.Appeal No. 71/3001 have been convicted for the offence u/s. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000.00 each, in default of payment of fine to undergo simple imprisonment for two months each. Appellant Chandeshwar Jha has further been convicted u/s. 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years, sentences were ordered to run concurrently.

(3.) THE prosecution in support of its caso examined 14 witnesses, P.W. 1 has proved the Fardbayan, Ext.1, P.W.2 proved inquest report, Ext.2. P.W. 3 and P.W. 10 have been tendered. P. W. 4, P.W. 5, P.W. 6, P.W. 7, P.W. 9 are hearsay witnesses. P.W. 8 is informant and he is also a hearsay witness. P.W. 11 is a formal witness and he took charge of investigation but he neither examined any witness nor inspected the place of occurrence. P.W. 12 proved the post mortem report, Ext.3. P.W. 13 is doctor, who held post mortem over the dead body.. P.W. 14 is also a formal witness, who proved the signature and writing of S.I. Kashi Prasad, Ext.5.