RAM PRASAD MISTRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1.5.2003 and 2.5.2003 passed by the Additional Sessions Judge. Fast Track Court III, Garhwa, in Sessions Trial Case No. 340 of 1992 whereby the learned trial Court convicted the appellants for committing the offences under Sec. 304 -II of the Indian Penal Code and sentenced each of them to undergo RI for a period of 7 years.

(2.) ALL the three appellants were charged for committing the offence under Sections 302/34 of the Indian Penal Code for having intentionally causing the death of Kameshwar Mishtri in furtherance of their common intention on 26th Nov. 1991.

(3.) THE prosecution examined altogether 7 witnesses. Out of whom, PW 1, is the doctor, who conducted the post -mortem examination of the dead body of the deceased PW 2 is Malti Devi, has appeared as an eye -witness. PW 3 is Birendra Prasad Mehta. PW 4 is Lalmani Devi, she is widow of the deceased and is said to be an eyewitness. PW 5 is Kapildeo Dubey, and PW 6 have been declared hostile. PW 7 is a formal witness. The informant could not be examined in this case, as during the trial he died then Investigating Officer has not been examined by the prosecution.