MORAL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) JUDGMENT R.K. Merathia, D.N. Upadhyay, J. This appeal is directed against the judgment of conviction and order of sentence dated 30.04.2003, passed by learned Sessions Judge, Dumka, in Sessions Case No. 278/2000, convicting the appellants under section 302/34 IPC and sentencing them to undergo

(2.) THE prosecution case in short is that the police recorded Fardbeyan of Lukhi Baskey (P.W -3) at about 1 P.M. on 18.01.2000 in which she said that on the proceeding day i.e. on 17.01.2000, her husband -Sibu Marandi (deceased) went out from the house between 9 -10 A.M. for some work. At about 4 P.M. in the evening on that day, P.W. -4 Guduj Soren informed her that the appellants had jointly killed Sibu Marandi by assaulting him with stone and tangi. When the informant reached at the place of occurrence, the appellants abused her and said that Sibu Marandi was going in front of the house of one of the appellants and they have killed him so that the land, for which dispute is going on will be their. It is further alleged that certain other villagers have also seen the occurrence.

(3.) ON the other hand, Mr. Amaresh Kumar, learned counsel for the State, supported the impugned judgment.