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2017 Supreme(Jhk) 1018

H.C.MISHRA, ANANDA SEN
Kandey Purty – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Yogesh Modi, A.C.
For the Respondent: Mr. Hardeo Prasad Singh, A.P.P.

JUDGMENT :

Heard learned amicus curie appointed by the Court for the sole appellant and the learned Addl. P.P. for the State.

2. This jail appeal is directed against the Judgment of conviction dated 27.07.2005 and Order of sentence dated 30.07.2005, passed by the learned Additional Sessions Judge, F.T.C.-V, West Singhbhum at Chaibasa, in S.T. No. 56 of 2004 / S.T.R. 17 of 2004, whereby the appellant has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code and imprisonment for 7 years for the offence under Section 27 of the Arms Act, and both the sentences were directed to run concurrently.

3. According to the prosecution story, there is direct allegation against the appellant, Kandey Purty, of committing murder of two persons, including father of the informant by firearm. The informant Lugdi Purty, who is son of one of the deceased Silay Purty, has stated that on 28.10.1995 in the morning his father had gone to another village for performing a worship an















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