KHUDU HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Rajesh Kumar and Learned Additional Public Prosecutor Mr. Abhay Kumar Tiwari.

(2.) Appellant is serving custody since 30.08.2008 during trial and upon his conviction for the charge under section 302/201 of the Indian Penal Code under the impugned judgment dated 19.01.2013 rendered by the learned District and Additional Sessions Judge, Ghatsila in Sessions Trial Case No. 41/2009, whereunder he has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/- under section 302 of the Indian Penal Code, in default whereof, to suffer additional rigorous imprisonment for one year and at the same time, ordered to suffer rigorous imprisonment for three years under section 201 of the Indian Penal Code with a fine of Rs. 5,000/- with similar default clause. Sentences were directed to run concurrently.

(3.) Prosecutor case is based upon the fardbeyan of the informant Niranjan Kisku (P.W.11) recorded by the Sub-Inspector P. Nag, Officer-in-Charge, Baharagora P.S. at 20.30 Hrs. at Angarisol village on 28.08.2008. The gist of the allegations, as narrated through the mouth of the informant, is inter-alia as under: