DAYANAND KHATIK, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Dayanand Khatik, Rajesh Sao and Chandan Khatik were named as his assailants by the informant in his fardbeyan which was recorded at Telaiya Clinic at about 8:40 p.m on 26.01.2001. On the basis of his fardbeyan, Telaiya P.S. Case No. 37 of 2001 has been lodged against them. After the investigation a chargesheet was submitted against them and a common charge under section 302/34 and section 120 B of the Indian Penal Code has been framed against them vide order dated 03.11.2003. Thereafter Chandan Khatik was declared juvenile and, accordingly, his trial has been separated.

(2.) In Sessions Trial No. 565 of 2003, the appellants have suffered conviction and sentence of R.I for life and fine of Rs.20,000/- each under section 302/34 of the Indian Penal Code.

(3.) During the trial the prosecution has examined 10 witnesses. The fardbeyan of the informant who succumbed to the injuries on intervening night of 26/27.01.2001 has been treated as his dying declaration.