REVA DAS AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the judgment of conviction dated 27th May, 2002 and order of sentence dated 28th May, 2002 passed by Sri Arun Kumar Rai, learned 3rd Additional Sessions Judge, Dhanbad in Sessions Trial No. 330 of 1992, by which judgment the learned Additional Sessions Judge found the appellants guilty under Sec. 364/34 of the Indian Penal Code and sentenced them to undergo R.I. for ten years and also to pay a fine of Rs. 2000.00 each and in default of fine to undergo further sentence for six months.

(3.) It is submitted by learned counsel for the appellants that there is no independent witness to support that the deceased Mutur Das, husband of the complainant - Makhni Devi was last seen or taken away by the present appellants Reva Das, Deva Das and Kharagdhari Das and as per evidence of P.W. 1 he has left the house of Banwari Das who is admittedly now dead and the case against the appellants has got no leg to stand. Only two witnesses i.e. complainant and her father P.W.7 have stated that all the accused persons had come to take away the deceased and as such the appellants deserve to be acquitted from the charges.