RAJESH CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the the sole appellant Rajesh Choudhary, being aggrieved and dissatisfied by the judgment of conviction and order of sentence dated 22.08.2006 passed in Sessions Trial No. 93 of 2003/137 of 2003 by Sri Rama Shanker Shukla, learned 6th Additional Sessions Judge (F.T.C.), Dhanbad, whereby and whereunder, the learned Additional Sessions Judge held the appellant Rajesh Choudhary guilty for the charges under Section 364, 302 and 201 of the Indian Penal Code and further on the same date has ordered to go R.I for 10 years for the offence under Section 364 I.PC and further imprisonment for life under Section 302 I.PC and fine of Rs. 1,000/ and further directed to undergo R.I for 3 years for the offence under Section 201 I.PC and in default of payment of fine further R.I for 3 months and all the sentences were ordered to run concurrently.

(2.) The case of prosecution as unfolded in the written report given by informant, Suraj Chauhan (P.W.8) addressed to officerincharge, Jharia Police Station on 05.10.2002 alleging therein that he is permanent resident of village Ratnuba, P.S. Kutumba, District Aurangabad and at present residing at Victory Colliery, P.S. Jharia, DistrictDhanbad and he had three sons namely, Indran Chauhan, Upendra Chauhan (deceased) and Baliram Chauhan.

(3.) It is alleged that Upendra Chauhan aged about 19 years is not married. He further alleged that Mishri Lal Malah is the inhabitant of the said village and Rajesh Chaudhary appellant is the soninlaw of Mishri Lal Malah. Rajesh Choudhary had tense relation with the deceased because he had suspicion that Upendra Chauhan(deceased) had illicit relation with his wife for this appellant Rajesh Choudhary threatened Upendra Chauhan(deceased) for dire consequences.