SHIVRAM BARIK AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANTS Shiv Ram Barik and his wife Sumitra Barik (to be referred to as 'accused' only) faced the trial for the charge of Section 302/34 of Indian Penal Code for allegedly committing the murder of one Jagarnath Jyotishi, husband of PW -Subhadra Jyotishi on 21.10.2001. Their two sons were also booked along with them but being minor, their case was segregated and sent to Juvenile Court. Both the accused now stand convicted for the aforesaid charge vide impugned judgment and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default thereof, rigorous imprisonment for three months. They have also been slapped with a fine of Rs. 10,000/ - which is ordered to be released to PW -Subhadra Jyotishi, the wife of the deceased.

(2.) MR . Tripathy, learned Senior Counsel, submits that accused Shivram Barik, by now, has undergone 12 years of his substantive sentence as he is in custody since the date of his formal arrest. However, accused Sumitra Barik is on bail as her substantive sentence was suspended by this Court in July, 2003. The case of the prosecution in brief is as under: - -

(3.) IN support of its case, prosecution has examined the following witnesses: - -