ASHOK KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Both these appeals are directed against the judgement of conviction and order of sentence dated 13.07.2001 passed by the learned 2 nd Additional Sessions Judge, Seraikela in Sessions Trial No. 613 of 1990 convicting the appellants under sections 307/34 IPC and sentencing them to undergo R.I. for seven years.

(2.) Learned counsel for the appellants submitted that the main accused in both these appeals was Bijoy Kumar Ojha who had filed a separate appeal being Cr. Appeal No. 391 of 2001 which has been disposed of consequent upon his release from jail after serving his sentence. So far as these appellants are concerned, the appellant-Ajay Kumar Ojha happens to be brother of Bijoy Kumar Ojha and appellant-Ashok Kumar Mishra happens to be the neighbour of the informant and there is general allegation against them and against one Surendra that they instigated the main accused-Bijoy Kumar Ojha to fire at the informant. Except this, there is no overt act attributed to these appellants; and that they have remained in jail for about three months and they have suffered this prosecution since 1989.

(3.) Learned counsel for the State supported the impugned judgment and submitted that the prosecution has proved it's case beyond all reasonable doubts.