DEEPAK PRASAD GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appellants are before this Court in appeal against the judgment of conviction and sentence under Sec. 302/34 of the IPC.

(2.) Informant is the wife of deceased. As per her fardbeyan recorded on 24/1/2015 at 11.30 a.m., her husband- Raju Prasad Gupta (deceased) was caught hold by the appellants and was stabbed in his abdomen by his elder brother- Deepak Prasad Gupta in the morning at 6 a.m. when he was going to toilet. It is said that Sapana Devi caught hold of him, whereas her husband stabbed the deceased in his abdomen, as a result he was fatally injured. He was taken to Central Hospital, Dakra where he died. Genesis of the offence has been stated in the FIR that the appellant wanted to grab the tent house shop of the deceased and because of this he was previously assaulted by the appellant no.1 for which police case was lodged.

(3.) On the fardbeyan, Khelari P.S. Case No.14/15 was registered under Sec. 302/34 of the IPC against both these appellants on the very same day of incidence. Police on investigation found the case true, submitted charge sheet and both the appellants were put on trial under Sec. 302/34 of the IPC.