JAGESHWAR JHA AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants, six in number, were tried by before the Additional Sessions Judge, Godda in S.T. No. 9 of 1987/ 121 of 1988. Appellant No. 1 was arrayed as A8, Appellant No. 2 as A-1, Appellant No. 3 as AS, Appellant No. 4 as A11, Appellant No. 5 as A-7 and Appellant No. 6 as A-12. They were arrayed along with six others and in this judgment, the appellants and the acquitted accused are referred to in the same order as they were arrayed before the learned trial Judge for the sake of convenience.

(2.) The allegation against accused 1 to 12 in the said case is that the deceased Asha Devi, daughter of PW-6, Sachidanand Jha, who was given in marriage to Hirakant Jha, was murdered by her husband and in-laws, supported by their servant and that later, the dead body was thrown into a river to screen themselves from the offence. The trial Judge framed charges against the appellants and other acquitted accused under Sections 302/34 and 201/34 Indian Penal Code. On the evidence adduced, while the trial Judge acquitted other accused, convicted the aforesaid appellants alone and sentenced each of them under Sec. 302/34 to undergo imprisonment for life for committing the offence of murder and also directed them to suffer imprisonment for three years for the offence punishable under Sec. 201/34 of the Indian Penal Code. The present appeal is against the said conviction and sentence imposed on the appellants.

(3.) The facts are as follows:-