HOPANMAI MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both the sides.

(2.) The petitioner- Hopanmai Murmu is in custody since 19/9/2017 in connection with Borio (J) P.S. Case No. 219 of 2017 (S.T. No.343 of 2017) for the offence registered under Ss. 302/201 of the I.P.C. pending in the Court of Additional Sessions Judge-I, Sahibganj.

(3.) It is submitted by the learned counsel on behalf of petitioner that offence under Sec. 302 of the I.P.C. will not be made out as per post-mortem report according to which the deceased died due to hanging, at best it will be a case under Sec. 306 of the I.P.C. for which the petitioner is in custody more than five years.