PRAKASH BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Three accused persons, namely, Prakash Bhuiyan, Banodhi Bhuiyan and Gadia Bhuiyan @ Godi Bhuiyan have faced the trial on the charge of committing murder of Mahadeo Bhuiyan in furtherance of their common intention. They have been convicted under sections 302/34 IPC vide judgment of conviction dated 29.09.2010 and vide order dated 30.09.2010 sentenced to undergo RI for life with fine of Rs. 5000/- each passed in S.T. No. 431 of 2006 by the learned Additional Sessions Judge, FTC-III, Hazaribag.

(2.) The convict, namely, Prakash Bhuiyan is the appellant in Cr. Appeal (D.B.) No. 499 of 2014, the convict, namely, Banodhi Bhuiyan is the appellant in Cr. Appeal (D.B.) No. 235 of 2014 and the convict, namely, Gadia Bhuiyan @ Godi Bhuiyan is the appellant in Cr. Appeal (D.B.) No. 442 of 2017.

(3.) On the basis of the fardbeyan of Dhanwa Devi recorded, at about 22.30 hours, on 16.02.2006 at the house of Banodhi Bhuiyan, the accused, Chauparan P.S. Case No. 30 of 2006 was registered under sections 302/34 IPC against the above-named accused persons. After the investigation, they were sent up for trial. During the trial, the prosecution has examined altogether 8 witnesses; the informant, who is wife of the deceased, namely, Mahadeo Bhuiyan, is PW-2 and her son, namely, Surendra Bhuiyan has been examined as PW-1. Another son of the deceased, namely, Birendra Bhuiyan PW-7, brother of the deceased, namely, Jagadeo Bhuiyan PW-6 and sister-in-law of the deceased, namely, Kunti Devi PW-4 have also been examined by the prosecution.