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2018 Supreme(Jhk) 9

ANANT BIJAY SINGH, B.B.MANGALMURTI
Babban @ Sajid – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Rakesh Kumar.
For the Respondent: Mr. Shekhar Sinha.

JUDGMENT :

Anant Bijay Singh, J.

1. Sole appellant has faced the trial in Sessions Trial No. 513 of 2007 before the Court of Ms. Babita Prasad, Additional Judicial Commissioner, Fast Track Court No. X, Ranchi whereby vide judgment of conviction dated 24.7.2010, the learned Sessions Judge held the appellant guilty under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 2,000/- and further sentenced to undergo rigorous imprisonment for five years and fine of Rs. 1,000/- under Section 27(1) of Arms Act and both the sentences shall run concurrently.

2. The appeal was filed on 14.1.2011 and it was Admitted for hearing on 28.2.2011 and Lower Court Records was called for.

3. The case of prosecution as unfolded in the fardbeyan of PW-1 Md. Yusuf which was recorded by S.I. Rajesh Mandal at 14.00 hours is that on 4.1.2007 in the morning at 9.00 he left his house for going to his shop and he asked his Son Imteyaz @ Manu (deceased) to come at the shop later but his son did not come. It is further alleged that after waiting for sometime, he went to Kanta Toli Chowk for purchasing some goods and when returned from market he came to know that






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