MANIK RAI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned Senior Counsel for the appellants Mr. A.K. Kashyap assisted by Ms. Shristi Paul, Advocate and learned Additional Public Prosecutor Mr. Pankaj Kumar representing the State.

(2.) The present two appellants faced conviction for the charge under Section 302/34 of the Indian Penal Code and Sections 323 and 452 of the Indian Penal Code by the impugned judgment dated 19.02.1996 rendered in Sessions Case No. 163 of 1994 by the learned 1st Additional Sessions Judge, Dumka, though the two other accused persons out of ten who faced trial were convicted under Sections 452 and 323 of the Indian Penal Code, while rest six were held not guilty and acquitted of the charges. The learned court sentenced these two appellants to undergo imprisonment for life for the offence under Section 302 read with Section 34 of the IPC and rigorous imprisonment for one month each under Sections 323 and 452 of the Indian Penal Code and at the same time directed the sentences to run concurrently by the impugned order of sentence dated 19.02.1996. The other two convicts under Sections 323 and 452 of the IPC also faced similar punishment rigorous imprisonment for one month each but they are not before us.

(3.) The prosecution case is based on the fardbeyan of informant, Barin Kumar Rai (P.W.13), resident of village Maluti Shikaripara, P.S. Shikaripara, District Dumka recorded by Sub-Inspector Subodh Kumar Jaiswal, Officer-in-charge Shikaripara, police station at Maluti on 05.03.1994 at 11:00 A.M. The gist of the allegation is as under: