DILIP BAURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court: Heard the learned counsel for the appellants and counsel for the State.

(2.) THIS appeal is directed against the judgment of conviction dated 17.7.2001 and order of sentence dated 21.7.2001 passed by Sri Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad, by which he found both the appellants Dilip Bauri and Shankar Bauri guilty for the offence under Section 307/34 of the Indian Penal Code and convicted there under and sentence them to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 2,000/ -each and in default of payment further to undergo six months simple imprisonment.

(3.) ON the basis of the said fard beyan, the police registered a case under Sections 447, 341, 323, 325, 506, and 307/34 of the Indian Penal Code and after investigation submitted charge -sheet under all the aforesaid sections. After submitting charge -sheet, cognizance was taken by the learned Chief Judicial Magistrate and committed the case to the court of Sessions since the case was exclusively triable by Court or Sessions. The trial was held in the court of Sessions and charges were framed under Sections 307/34 of the Indian Penal Code and after trial the accused persons were found guilty as aforesaid.