CHURAMAN RAI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the impugned judgment dated 30.8.1994 and the order dated 1.9.1994 passed in Sessions Case No. 209 of 1993/11 of 1993 by Sri Sita Ram Pandey, 3rd Addl. Session Judge, Dumka whereby and whereunder the appellants aforesaid were found guilty for the offence punishable under Section 302/34, IPC and they were convicted and sentenced to undergo RI for life. However, co -accused Mishar Rai and Lillu Rai were not found guilty and they were acquitted.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 7, Sabitri Devi, widow of Mathur Rai, the deceased of this case recorded by SI, K.D. Prasad of Jarmundi P.S. on 16.10.1992 at 10.45 hours at the house of the informant in Village Tharipathar, P.S. Jarmundi, District Dumka regarding the occurrence which is said to have taken place on 15.10.1992 at about 5.00 p.m. In the house of the appellants situate in Village Tharipathar aforesaid. The formal FIR (Ext. 4) was drawn on 16.10.1992 at 18.30 hours which was received in the Court of CJM Dumka on 17.10.1992.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claimed themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity which is existing and alive between them at the instance of PW 1, Bhumlal Rai. It has further been contended that Mathur Rai has been done to death by some unknown persons in the way while he was returning to his house from Jarmundi.