MAKHAN SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 2.12.2003 and order of sentence dated 3.12.2012 passed by Shri B.K. Pandey, Sessions Judge, Seraikella-Kharsawan at Seraikella in S.T. No. 103 of 2002 convicting the appellants under Sections 302/ 34 I.P.C. and sentencing them to undergo R.I. for life. They have also been convicted under Section 201 I.P.C. and further sentenced them to R.I. for three years. However, both the sentences were directed to run concurrently. Counsel for the appellant submitted that there is no eye witness for causing death of the deceased and there is only eye witness of 'Mar Pit' between the parties.

(2.) Counsel for the appellant further submitted that it is a common thing that after taking liquor, the persons in intoxicated condition fight with each other but there could not be motive to kill the deceased. Appellants remained in jail for more than 9 years.

(3.) P.W. 1 is the hearsay witness, who saw that after taking liquor, the appellants were quarrelling with the deceased. When P.W. 1 intervened, the appellants threatened him. Then this P.W. returned and he informed other persons. In the cross-examination, he said that the 'Mar Pit' was with fists and slaps. P.W. 2 similarly said that he saw 'Mar Pit' between the parties and when he intervened, the appellants threatened him, due to which, this witnesses fled away and informed others. He saw that appellant Kartik Sardar and Dasain Sardar were pressing neck of the deceased but he also said that after 'Mar Pit' appellants fled away. Though the Doctor has not been examined but from the post mortem report it appears that the cause of death was asphyxia caused by throttling. It further appears that the post mortem report has not been properly proved.