BABUDHAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment of conviction and order of sentence dated 18.9.2004 passed by 4thth Additional Sessions Judge, F.T.C., Dumka in Sessions Case No. 187 of 2002/329 of 2002 whereby and whereunder, learned Additional Sessions Judge having found the appellants guilty for committing murder of Thakur Murmu and Gidhi Hansda convicted them under Section 302/34 of the Indian Penal Code and also under Section 307/34 of the Indian Penal Code for making an attempt to commit murder of Thuthu Murmu and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - for the offence under Section 302/34 of the Indian Penal Code and in default of payment of fine to undergo further simple imprisonment for three months and further to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/ - for the offence under Section 307/34 of the Indian Penal Code and in default of payment of fine to undergo further simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is that one Thuthu Murmu (P.W. 8) had convened a panchayati at 10:00 am on 18.8.2002 in the house of Village

(3.) AFTER completion of the investigation, Investigating Officer submitted charge -sheet against the appellants upon which cognizance of the offence was taken. When the case was committed to the Court of Sessions, charges were framed to which the appellants pleaded not guilty and claimed to be tried.