MRITYUNJAY TRIPATHY Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset, it needs to refer herein that the appeal against the appellant no.1-Ram Chandra Tripathy (since dead), was abated, vide order dtd. 13/8/2024.

(2.) The instant appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973 is directed against the judgment of conviction dtd. 27/1/1998 and order of sentence dated 28. 01.1998 passed by the learned 1st Addl. Sessions Judge, East Singhbhum at Jamshedpur in Sessions Trial No.83 of 1989, whereby and whereunder, the appellants have been convicted for the offence punishable under Ss. 302 read with Sec. 34 of the Indian Penal Code and sentenced to undergo R.I. for life for the offence under Sec. 302 of the Indian Penal Code and further, sentenced to undergo R.I. for one year for the offence punishable under Sec. 323 read with Sec. 34 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per the fardbeyan of the deceased Purno Chandra Tripathi recorded by an A.S.I. of Dumaria P.S., which reads as under: