LAWS(JHAR)-2009-2-45

BINOD RAJAK Vs. STATE OF BIHAR

Decided On February 24, 2009
Binod Rajak Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) SINCE both the appeals arise out of the common judgment it were heard together and are being disposed of by this common judgment.

(2.) ALL the three appellants were put on trial for the charges under Section 302/34 and 307/34 of the Indian Penal Code for committing murder of Sanjhhali Marandi in furtherance of their common intention and also for making an attempt to commit murder of Raska Marandi and his wife Randhin Hembrom and grand daughter Marangmai Soren. The trial court having found all the three appellants guilty sentenced each of them to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and also to pay a fine of Rs. 250/ - and in default of payment to undergo rigorous imprisonment for one year. Further they were sentenced to undergo rigorous imprisonment for five years under Section 307/34 of the Indian Penal Code and to pay a fine of Rs. 100/ - and in default of payment to undergo rigorous imprisonment for six months.

(3.) ON dissection injury No. (iv) was traced out upto liver which was found punctured. Accordingly, Doctor issued post mortem examination Report (Ext.1) with an opinion that death was caused by shock and haemorrhage due to penetrating injury of the liver.