GHANSHYAM TUDU, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant, namely, Ghanshyam Tudu and his parents were named as accused by the informant in his fardbeyan which was recorded in the morning of 20.5.2007, at about 6:20 a.m. After the investigation, a charge-sheet was filed against them, however, since Smt. Somwari Tudu has absconded by that time, charges under section 302 of the Indian Penal Code and under section 328 of the Indian Penal Code were framed against Ramdas Tudu and Ghanshyam Tudu.

(2.) In Sessions Trial No. 104 of 2007, the appellants; Ghanshyam Tudu is the appellant in Cr. Appeal (DB) no. 1424 of 2016 and Ramdas Tudu has filed Cr. Appeal (DB) no. 890 of 2010, have been convicted and sentenced to R.I. for life and fine of Rs. 5000/- each under section 302 of the Indian Penal Code. No separate sentence under section 328 of the Indian Penal Code has been awarded to them.

(3.) Mr. Pramod Kumar, the learned counsel for the appellant, namely, Ghanshyam Tudu submits that pursuant to the liberty granted to Ghanshyam Tudu vide order dated 2nd August, 2019, a supplementary affidavit dated 4.9.2019 has been filed. Through this affidavit, Ghanshyam Tudu has brought on record a letter dated 21st August, 2019 of the Head Mistress, Government Aided + 2 High School, Chandil, Seraikella-Kharsawan and photocopy of the marks statement issued by the Jharkhand Academic Council, Ranchi. At this stage, it is pertinent to record that the aforesaid documents have been produced by the appellant through the Supplementary Affidavit dated 4.9.2019 filed in I.A. no. 6666 of 2019, which has been moved for suspension of sentence.