DHARMA PAHARIYA Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant named above against the impugned judgment dated 21.1.1986 passed in Sessions Case No. 199 of 1982/92 of 1982 by Shri Md. Quamrul Hoda, 2nd Additional Sessions Judge, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Sections 302 and 201 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life under Section 302 of the Indian Penal Code but no separate sentence has been awarded to him under Section 201 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of the FIR (Ext. 4) of PW 10 Dharma Paharia, the informant and the son of Deva Paharia, the deceased of this case lodged before Sundar Pahari PS on 16.1.1982 at 14.00 hours regarding the occurrence which is said to have taken place in village Bar Kairo Jori PS Sundar Pahari, District Santhal Paragana in the night between 15th and 16th January, 1982 i.e. at about 12 Oclock in the night. The FIR has been received in the Court of Additional CJM, Godda on 18.1.1982.

(3.) THE appellant has pleaded not guilty of the charges leveled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case at the instance of PW 2, Rup Narain Paharia due to land dispute and this appellant in statement under Section 313, Cr PC has retracted from his confession.