CHENDAYA SANDI PURTY Vs. STATE JHARKHAND

JUDGEMENT

(1.) Since both the appeals arise out of common judgment of conviction and order of sentence, therefore, the instant appeals are being disposed of with this common order.

(2.) The instant appeal, filed under Ss. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dtd. 28/4/2017 and order of sentence dtd. 29/4/2017 passed by the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in Sessions Trial Case No.68 of 2011, by which, the appellants have been found guilty and convicted for the offence punishable under Sec. 364/34, 302/34 and 201/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years and a fine of Rs.10,000.00 for the offence under Ss. 364/34 of the Indian Penal Code and in case of default of payment of fine they have further been directed to undergo additional rigorous imprisonment for six months and further they have been sentenced to undergo imprisonment for life and a fine of Rs.10,000.00 for the offence under Sec. 302/34 of the Indian Penal Code and in case of default of payment of fine they have further been directed to undergo additional rigorous imprisonment for six months. The have further been sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5,000.00 for the offence under Ss. 201/34 of the Indian Penal Code and in case of default of payment of fine, further to undergo additional rigorous imprisonment for six months and further sentenced them to undergo imprisonment for life for the offence under Ss. 120(B) of the Indian Penal Code and a fine of Rs.10,000.00 and in default of payment of fine, they have further been directed to undergo additional rigorous imprisonment for six months and all the sentences awarded to them shall run concurrently.

(3.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per fardbeyan of informant, which reads as under: