MAHENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AII the three appears arise out of a same impugned judgment and therefore, they were heard together and are being disposed of by this common judgment.

(2.) THESE four appellants alongwith one another co -accused namely Nandlal Prasad @ Nand Prasad Yadav (acquitted) were charged for the offence under Section 396 of the Indian Penal Code and were put on trial. The learned Trial Court, by the impugned judgment, has convicted all the four appellants for the offence under Sections 302 and 392 of the Indian Penal Code and has sentenced them to undergo R.1. for life and fine of Rs. 5,000/ -, in default R.I. for a further period of two years under Section 302 of the Indian Penal Code and R.I. for a period of seven years and fine of Rs. 1,000/ - each for the offence under Section 392 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) THE F.I.R. was registered under Sections 364, 302, 201, 120B, 379, 34. of the Indian Penal Code. In course of investigation, the dead bodies of three persons namely of Sita Devi i.e. the truck owner Surendra Singh @ Bulet Singh, the Driver of the Truck and of Jitendra Thakur the cleaner of the Truck were recove;ed by the Police. According to the prosecution, in course of investigation, the accused Mahendra Prasad and the accused Chanchal Bhaskar made extra - judicial confessions leading to recovery of incriminating articles.