GULMA TURI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned Senior Counsel for the appellant, Mr. P.P.N.Ray assisted by Mrs. Pragati Prasad and Mr. Sachin Kumar, learned Advocates and Mr. Sanjay Kumar Srivastava, Additional Public Prosecutor representing the State.

(2.) Out of the seven accused persons, who were sent up for trial in connection with Gumla P. S. Case No. 62 of 1988, G.R. No. 670 of 1988 dated 12th November, 1988 leading to Sessions Trial No. 184/89 tried by the learned Additional Sessions Judge, Gumla, three accused persons, who faced conviction under Sections 302/34 I.P.C and Section 324 I.P.C approached this Court in the present appeal. Rest four accused persons were acquitted of the charges under Sections 304/302/307/324/323 I.P.C. Out of three appellants, appellant no. 1, Hardayal Turi died during pendency of the appeal and his appeal stands abated by order of the instant date. Thus, before us are the two surviving appellants, who assail the impugned judgment of conviction dated 9th October, 1996 passed in S. T. No. 184/89 and the order of sentence dated 10th October, 1996.

(3.) Investigation commenced on institution of Gumla P. S. Case No. 62/88 upon the Fardbeyan of Mahendra Turi, son of Chandrapal Turi of village Bagesera, Tola-Ganeshpur, P.S.- Palkot, District-Gumla (P.W.5) recorded by Sub-Inspector, Sri A. K. Gupta, Officer-in-Charge, Palkot Police Station on 11.11.1988 at 2:00 Hours at Palkot Hospital, Palkot.