(1.) The instant appeal has been preferred under Sec. 374(2) read with 389(1) of the Code of Criminal Procedure against the Judgment of conviction dtd. 21/1/2017 and Order of sentence dtd. 31/1/2017, passed by learned Additional Sessions Judge 2nd, F.T.C. Bermo at Tenughat in Sessions Trial No.250 of 2013, whereby, the appellant has been found guilty and convicted for the offence under Sec. 302/201 read with Sec. 34 of the Indian Penal Code and upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code and R.I. for five years under Sec. 201 read with Sec. 34 of the Indian Penal Code. Further, the appellant has been directed to pay Rs.4,00,000.00 as compensation in favour of wives of both the deceased.
(2.) The prosecution case was instituted on the basis of written report submitted by Abdul Manan son of Abdul Kayum resident of Saramdalal Tola within Gomia P.S., district Bokaro wherein it has been stated that Md. Hadish son of Abdul Kayum of village Saramdalal tola along with one Matlubb Ansari son of Mahboob Ansari of village Jhirki were doing coal trade business. They were coal D. O. holders and doing their common business. Shamshad Ansari son of late Shekh Azad resident of village Rajabazar, on commission- based payment was associated as Munshi (money collecting agent) with Md Hadish and Matlub Ansari in their coal business. Shamshad Ansari after selling out coal, was to give the money to his employers duo namely Md. Hadish and Matlub Ansari.
(3.) It has been stated that, in due course of time, Shamshad Ansari collected a big amount of money and was disinterested in getting the collected money back to them. As a result of which the relationship between Shamshad Ansari and his employers became strained. Further, the coal D. O. holders Md. Hadish and Matlub Ansari, demanded their money due on Shamshad Ansari who made false excuses and was evasive.
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