DIWALI CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the Judgment of conviction and Order of sentence dated 18.03.2005, passed by the Sessions Judge, Sahibganj, in Sessions Trial No. 126 of 1995 holding the sole appellant guilty under Section 302/34 and Section 109/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and further sentenced to rigorous imprisonment for life under Sections 109 and 302 of the Indian Penal Code and both the sentences shall run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Umesh Chandra Oraon, son of Jhaksu Oraon recorded by S.I. Francis Toppo, Officer-in-Charge, Jarwatori O.P. on 20.04.1994 at 8.45 p.m. at emergency ward, Sadar Hospital, Sahibganaj where he stated that today in the evening at 7 p.m. he told Diwali Choudhary that since you have already constructed your own house so requested him to vacate his house. At that time, the appellant was sitting in his betel shop situated near the house but he refused to vacate the house of informant. Thereafter, appellant closed his betel shop and went inside the house. After some moment, Diwali Choudhary, Raju Choudhary, Manoj Choudhary and mother of appellant came near him and started quarrel with him.