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2013 Supreme(Jhk) 114

D.N.PATEL, SHREE CHANDRASHEKHAR
Bhola Turi – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For tile Appellants: Mr. Pravir Chatterjee; Mr. Ganesh Pathak.
For the Respondent: Mr. Krishna Shankar.

JUDGMENT

Per D.N. Patel, J.- The present appeals have been preferred by the appellants-accused against the judgment of conviction dated 26th August, 2002 and order of sentence dated 27th August, 2002 passed by the Additional Sessions Judge-III, Dhanbad in Sessions Trial No. 55 of 2000 whereby the present appellants have been mainly punished for an offence under Section 302 of the Indian Penal Code for life imprisonment.

2. It is a case of the prosecution that on 13th October, 1998, at about 10.45 A.M., the informant Anuplal Yadav (P.W. 13) gave his statement before the police that he is running grocery shop at C Block, Bhuli at the quarter of BCCL in the city of Dhanbad. On 13th October, 1998, at about 10.15 A.M., while the informant was sitting in his grocery shop, the boys of Imperial School were raising hulla that one boy has been killed and he has been beheaded near Kali Mandir. Several people of the BCCL Colony were going at the scene of offence. The informant Anuplal Yadav (P.W. 13) also went there 'and he told his nephew Subodh Yadav to remain in the shop and the informant Anuplal Yadav went at the scene of offence where he saw that, between Community Hall' and the Gas Godown,













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