DHIREN SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The appellants are aggrieved by the Judgment of conviction dated 5th of July, 2008 and Order of sentence dated 9 th of July, 2008, passed by the learned Additional Sessions Judge, F.T.C.-II, Jamshedpur, in Sessions Trial No. 32 of 2008, whereby both the appellants have been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, both the appellants have been sentenced to undergo imprisonment for life and fine of Rs. 5000/- each, for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Mora Hembrom @ Govind Hembrom, the uncle of the deceased Raj Kishore Hembrom, recorded at his house on Wednesday, on 21.11.2007. He has stated that his nephew Raj Kishore Hembrom, who was a dumper driver and a good cricket player, used to stay in his house, with the widowed sister of the informant. It is stated in the fardbeyan that the accused used to work with his widowed sister at Railway Mal-godown as labourer. The informant has stated that on the Monday evening, (i.e. on 19.11.2007), the deceased Raj Kishore Hembrom had gone out the house and in the early morning on Tuesday at about 4.45 A.M., accused persons Dhiren Sardar and Bipo Sardar came to his house and informed that Raj Kishore Hembrom had died due to consuming excess liquor. Thereafter, the informant along with his brother went to their house and found Raj Kishore dead. The informant brought the dead body of his nephew on a cycle to his house with the help of both the accused persons. He has alleged that there was bleeding injury on the head of the deceased and his tongue was protruding out, and as such he suspected that both the accused persons had committed the murder of the deceased. On the basis of the fardbeyan of the informant, Jugsalai (Bagbera) P.S. Case No. 192 of 2007, corresponding to G.R. No. 2912 of 2007, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against both the named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case,.