VIJAY GANJHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Awnish Shankar, learned counsel for the appellant and Mr. Manoj Kr. Mishra, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 4/10/2019 passed by Sri Sanjay Kumar Singh No. 1, learned Additional Sessions JudgeIV, Hazaribag in Sessions Trial No. 242A/2009, arising out of Chauparan P.S. Case No. 110/2006, corresponding to G.R. Case No. 1880/2006, whereby and whereunder the appellant has been convicted for the offence u/s 302/34 of the Indian Penal Code and has been sentenced to undergo imprisonment for life along with a fine of Rs.50,000.00 and in default of payment of fine to further undergo R.I. for 02 years.

(3.) The fardbeyan of Rohan Ganjhu was recorded on 9/7/2006 in which he has stated that on 8/7/2006 at about 7:50 P.M. his brother namely Khiru Ganjhu was sitting at the door of Chaman Ganjhu. The informant was proceeding towards his house when the accused Dhela Ganjhu, Vijay Ganjhu (appellant) Deoki Ganjhu, Binod Bhuiyan and Sitan Bhuiyan had arrived with Lathi and Danda in their hands. It has been alleged the Dhela Ganjhu pointedly referred to Khiru Ghanju and said that whenever they do some work it is opposed by him. At this all the accused persons started a concerted assault upon Khiru Ganjhu and when the informant tried to intervene he was threatened of dire consequences if he came forward. The informant fled away from the place of occurrence and after assembling the villagers had come back and had seen Khiru Ganjhu hanging from a Mahuwa tree. The accused persons in the meantime had fled away.