THE STATE OF JHARKHAND Vs. ASHOK KUMAR DUBEY

JUDGEMENT

(1.) THE appellant Ashok Kumar Dubey and others were put on trial in S.T. No. 02 of 2004 on the charge of committing murder of Suresh Kumar Dubey. The then Additional Sessions Judge -cum -FTC No. II, Chatra having found the appellant guilty of the said charge recorded the judgment of conviction dated 15.9.2009 and awarded death sentence to the appellant Ashok Kumar Dubey, vide its order dated 16.9.2009.

(2.) THE case of the prosecution as has been made out in the Fardbeyan (Ext. 1) is that in the year 1992, this appellant and the co -accused Himanshu Dubey had killed one Alakh Narain Dubey, father of the informant Rajesh Kumar Dubey (P.W.3) for which the appellant and other co -accused were facing trial in which some of the eye witnesses, P.W.1 and P.W.2 had even deposed against the appellant and co -accused. The informant (P.W.3) was supposed to give evidence on 11.8.2003. Before that on 6.8.2003 as per Fardbeyan Himanshu Dubey, co -accused and one Ajay Dubey had sent a message to the informant through a person, [which in course of evidence has come as Chandra Basu Debey (P.W.2),] not to depose in the case on the date fixed but the informant Rajesh Kumar Dubey was adamant to give evidence on the date fixed.

(3.) MEANWHILE , the Investigating Officer recorded the statements of the witnesses. On completion of investigation when charge sheet was submitted against the appellant and the co -accused Himanshu Dubey, cognizance of the offence was taken and they were put on trial after the case was committed to the court of sessions.