STATE OF JHARKHAND Vs. KHUDU KARMKAR

JUDGEMENT

(1.) THE appellants 1 to 6 were arrayed as A/5, A/1, A/2, A/3, A/4 and A/6 before the Sessions Court and in this judgment, they will be referred to as A/1 to A/6, in the order they were arrayed before the Sessions Judge, for the sake of convenience.

(2.) THEY were tried under Sections 302/34, 201 and 120B of the Indian Code on the allegation that between 19.4.2002 and 22.4.2002, they in pursuance of a conspiracy hatched, caused the death of Manju Kumari by inflicting injury on her body and later threw the body in a field at village Antapur Moulana Bahiyar. The learned trial judge, on the evidence adduced, both oral and documentary, while finding the 1st appellant (A/5) guilty, as charged, sentenced him to death under Section 302/34 read with Section 120B of the Indian Penal Code. He was also sentenced to seven years rigorous imprisonment under Section 201 of the Indian Penal Code. A/1, A/2, A/3, A/4 and A/6 were sentenced to imprisonment for life and each one of them was also directed to pay a fine of Rs. 5000/ - and in default of payment of fine, to undergo Rigorous imprisonment for one year. A/3, A/4 and A/6 were also found guilty under Section 201 of the Indian Penal Code and sentenced to seven years rigorous imprisonment. The present appeal is against the said conviction and sentence.

(3.) AFTER the investigation was taken up, inquest was conducted and the dead body was sent to the hospital for post mortem. On receipt of the dead body and the requisition, Dr. Sunil Kumar Sinha, PW -3, conducted autopsy on the dead body of Manju Kumari and found the following injuries :