BRIJ NANDAN SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the criminal appeals, arises out of the same case, were heard together and are being disposed of by the common judgment.

(2.) Both the criminal appeals are directed against the judgment of conviction dated 15.09.2004 and order of sentence dated 20.09.2004 passed by Additional Sessions Judge, F.T.C.-IV, Dhanbad in S.T. No. 62 of 2002, whereby both the appellants having been found guilty of the charges under Section 302, 328 and 201 of the Indian Penal Code, have been sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and directed to pay fine of Rs.5,000/- and further they have been sentenced to undergo rigorous imprisonment for ten years for the offence under Section 328 of the Indian Penal Code and to pay fine of Rs.1,000/- and they have also been sentenced to undergo rigorous imprisonment for three years for the offence under Section 201 of the Indian Penal Code and to pay fine of Rs.500/- and in default thereof, the appellants have been further sentenced to undergo imprisonment for two months. However, all the sentences were directed to run concurrently.

(3.) The case of the prosecution, in brief, is that on 17.7.2001 at about 6:05 a.m. the informant-Mahendra Nath Tiwari-S.I. of Kenduadih police station got information that the dead bodies of one male and one female are lying in the drain near Godhar. After receiving the information, he proceeded to the place of occurrence with the constable and found that the dead body of a male and female lying in the drain. Thereafter, he got the photographs through the photographer and the inquest reports were prepared. Both the deceased (female and male) were aged about 45 and 50 years respectively and bleeding was also detected from the face of the male dead body. The face and lips of female dead body had turned black from which it appeared that the dead bodies have been thrown after administering poison to them. Both the dead bodies were sent to the Central Hospital, Dhanbad for postmortem examination and the fard beyan (Ext. 4) was recorded.