ASIAN GURIA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) Appellant is aggrieved by the impugned Judgment of conviction dated 24.01.1996 and Order of sentence dated 27.01.1996, passed by the learned Additional Judicial Commissioner, Khunti, in S.T. No.700 of 1993, whereby, the sole appellant Asian Guria has been found guilty and convicted for the offence under section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life with fine of Rs. 5,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Luthar Munda, the brother-in-law of the accused, recorded on 22.6.1993 at village Baghia, P.S. Rania, in the then District of Ranchi, wherein he has stated that he was informed that his mother-in-law and sister-in-law were murdered on 20.6.199 He went to his in-law's place and saw the dead body of his mother-in-law at the door and the dead body of his sister-in-law on the varandah of the house, and both the dead bodies were lying in the pool of blood. The informant did not make any suspicion against anyone. On the basis of the fardbeyan of the informant, Rania P.S. Case No.22 of 1993 corresponding to G.R. No.396 of 1993, was instituted for the offence under Section 302 of the Indian Penal Code, against unknown, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against the sole accused, who is the son of one deceased and the brother of the other.