BINOD SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the appellants have challenged a common judgment dated 7.9.2010 through separate appeals, both the appeals are therefore being disposed of by this common order.

(2.) The appellants in the instant appeals have challenged the judgment and order of conviction dated 7.9.2010, passed by Sri Srikant Roy, learned Additional Sessions Judge, Fast Track Court No. II, Giridih in Sessions Trial No. 185 of 2007, whereby and where under the appellants have been convicted for the offence under section 302 of the Indian Penal Code and have been sentenced to undergo R.I. for life.

(3.) The prosecution story arising out of an FIR instituted by the informant-Gayatri Devi is that on 12.2006, while she was sleeping in her house along with her family members, there was a knock at the door and on being asked by the informant, accused-Binod Sharma had disclosed that some guests have come to his house and therefore her husband's help is required for doing some work. It has been alleged that the husband of the informant namely Ranjit Sharma had subsequently accompanied Binod Sharma to his house which is at a distance of 100 yards. It has also been alleged that after sometime, Binod Sharma once again came and had taken away the motorcycle of Ranjit Sharma on the pretext that he has to go to the market. Further allegation has been levelled that after 20-25 minutes when the informant went to the house of the appellant, she saw her husband lying on the road and the accused persons were assaulting him with knife, tangi and farsa. On alarm, several persons had come and had seen the occurrence. Later on husband of the informant had succumbed to his injuries in the hospital.