JAGAN MARANDI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE present appellant Jagan Marandi and one more accused Matal Murmu were charged for the offence under Sections 302/201 IPC and they were put on trial for the said charges. The learned 1st Additional Sessions Judge, Sahebganj by his judgment dated 25.11.1998 in Sessions Trial No. 220/1997 acquitted the other accused Matal Murmu from all the charges. The learned trial court also acquitted the present appellant from the charge under Section 302 IPC but he convicted the appellant for the charge under Section 201 IPC and sentenced him to undergo R.I. for a period of five years and to pay a fine of Rs. 2000/ - in default to undergo R.I. for a further period of four months.

(2.) IN this appeal the appellant has challenged the said conviction and sentence passed against him by the trial court.

(3.) IN order to establish the charges altogether 9 prosecution witnesses were examined on behalf of the prosecution. But as it appears that out of those nine witnesses except PW6 i.e. the B.D.O. and PW -9 the Investigating Officer, all other witnesses were declared to be hostile as they did not support the case of the prosecution.