KANDRA TIU Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY Court. - The appellants were charged and tried for committing offences under Sections 364/149, 302/149 and 201 of the Indian Penal Code. Accused -appellant Kandra Tiu was further charged under Section 307 of the Indian Penal Code for causing assault to the informant -P.W. 2. All the appellants have been found guilty and convicted under Sections 302/149 of the Indian Penal Code and have been sentenced to undergo life imprisonment. They have been also convicted for the offences under Sections 364/149 and 201 of the Indian Penal Code and have been sentenced to undergo for rigorous imprisonment for five years and four years, respectively. Appellant -Kandra Tiu, additionally, has been convicted for the offence under Section 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years. All the sentences are to run concurrently.

(2.) THE informant -P.W. 2 made statement before the police on 12th November, 1996 at 10.00 p.m. in tribal language, 'HO', which was translated by Madusudhan Aida, Manki, (P.W. 5) and on that basis, the fardbeyan (Ext. -7) was recorded by the police.

(3.) ACCUSED -appellants denied the charges and pleaded not guilty. They claimed that they have been falsely implicated in the case due to animosity and land dispute. He was put on trial. In his examination under Section 313 Cr.P.C. he denied to have committed any offence.