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2017 Supreme(Jhk) 311

H.C.MISHRA, ANANDA SEN
Blichdan Kujur @ Bilisdan Kujur – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mr. K.S. Nanda, Advocate
For the Respondent: Mr. Shekhar Sinha, A.P.P.

JUDGMENT :

Ananda Sen, J.

Aggrieved by the judgment of conviction dated 4th October, 2004 and order of sentence dated 5th October, 2004 passed by learned Additional District & Sessions Judge, Fast Track Court II, Gumla in Sessions Trial No.99 of 2004, the appellants have preferred this appeal.

2. These two appellants have been convicted by the Trial Court for committing an offence under Sections 302/34, 201/34 of the Indian Penal Code and also under Section 452/34 of the Indian Penal Code. After the said conviction, they have been sentenced to undergo rigorous imprisonment for life for committing the offence under Sections 302/34 of the Indian Penal Code, rigorous imprisonment for 7 years for offence under Sections 201/34 of the Indian Penal Code and rigorous imprisonment for 5 years for offence under Sections 452/34 of the Indian Penal Code.

3. The prosecution case arises out of the fardbeyan of Smt. Rami Orain (P.W.2), who happens to be the wife of the deceased. In her fardbeyan, which was recorded on 14.12.2003 at 13.00 hrs., she states that on 13.12.2003 at about 07.00 p.m., she was cooking food in her house. Her husband Bargi Oraon (deceased) was with his minor grandson Kartik Ora































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