RAJU CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Anshu Dubey in Cr. Appeal (DB) No. 708/2014, learned counsel Mr. Kaushik Sarkhel representing the appellants in Cr. Appeal (DB) No. 1013/2012 and learned Additional Public Prosecutor Mr. Arun Kumar Pandey on behalf of the State.

(2.) Both these appeals are directed against the judgment dated 10.09.2012 passed in Sessions Trial No. 105/2010 by the learned District and Additional Sessions Judge-Ist, Jamtara and order of sentence dated 11.09.2012, whereunder, all these appellants stand convicted for the offence under section 302 read with section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have been further sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 5,000/- under section 201 of the Indian Penal Code. In default of payment of fine, they shall further undergo imprisonment for three months. All these sentences were directed to run concurrently.

(3.) Prosecution was launched on the basis of the written report of the informant, Sipan Mahato (PW-5) at 9.00 am on 01.05.2010, which led to the institution of the formal FIR being Nala Bindapathar P.S. Case No. 39/2010 dated 02.05.2010 under sections 302/201/34 of the Indian Penal Code against the accused persons namely, Raju Chaudhary, Damu Chaudhary, Bhim Chaudhary, all son of late Raghu Chaudhary, Demuri Devi, wife of late Raghu Chaudhary and Morkhi Devi, wife of Damu Chaudhary. The informant inter-alia alleged as follows: