PAWAN KUMAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Three accused persons were convicted in Sessions Trial No. 242/2008, but the present appeal has been preferred by the appellant, namely, Pawan Kumar Rai only and the remaining two convicts have not preferred any appeal.

(2.) The sole appellant, Pawan Kumar Rai has preferred this appeal in terms of Sections 374(2) read with 389(1) of the Crimial P.C. and vide order dated 26.04.2010, the appeal was admitted and LCR was called for which has been received and is kept on record.

(3.) The sole appellant, Pawan Kumar Rai along with two accused persons, namely, Virendra Kumar Jha and Nagendra Kumar Jha had faced the trial in Sessions Trial No. 242/2008 before Court of learned 1st Additional Sessions Judge, Bokaro, who by judgment of conviction dated 21.04.2009 and the order of sentence dated 21.04.2009 held them guilty under Sec. 302/34 of the Penal Code and sentenced them to undergo R.I. for life for the offence under Sec. 302/34 of the IPC, whereas acquitted them from the charges under Sections 306 and 328 of the IPC.