BIKU PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Birju Malakar @ Birju Mali, Pintua, Biku Paswan and one unknown person were named as accused by the informant in her fardbeyan which was recorded at about 6:30 hrs. on 26.07.2006 at village-Hesla. On the basis of fardbeyan of Pairwa Devi, wife of Tulsi Sao, Chhatarpur P.S. Case No. 78 of 2006 has been lodged on 26.07.2006 under section 302/34 of the Indian Penal Code.

(2.) The appellants have faced the trial on the charge under section 302/34 of the Indian Penal Code and they have been convicted and sentenced to R.I for life and fine of Rs. 5000/- each for the said offence; the accused Pintua has been declared juvenile and, accordingly, his case was separated. The unknown accused person, who according to the prosecution has participated in the occurrence, has not been found.

(3.) During the trial, the prosecution has examined 9 witnesses; the informant who is wife of the deceased died before the trial commenced and, therefore, her evidence could not be recorded.