LAWS(JHAR)-2010-12-37

GUDRA MURMU Vs. STATE OF JHARKHAND

Decided On December 15, 2010
Gudra Murmu Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) By Court.Four accused including two appellants of this appeal were put up for trial under Section 302/34 I.P.C. Two other accused were acquitted on benefit of doubt while the two appellants of this appeal have been convicted under Section 302/34 I.P.C. to life imprisonment, without imposing the mandatory sentence of fine. Further although they have been found guilty under Section 201/34 I.P.C also, but no sentence has been awarded by the trial Court on that count.

(2.) The trial Court was on the face of it wrong in not awarding mandatory fine and also not awarding separate sentence under Section 201 I.P.C. The name of the learned Judge of the trial Court is Mr. Vinay Kumar Sinha. It is recommended that a copy of the order be sent to the said officer for his guidance so that he may read at least the statutes involved in the cases being decided by him.

(3.) The prosecution in this case is well-based on circumstantial evidence. There being no eye witness.