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2018 Supreme(Jhk) 332

D.N.PATEL, RAJESH KUMAR
Kandu Murmu @ Khandu Murmu S/o Late Chotu Murmu – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants : Mr. Yogendra Prasad, Mr. Atma Ram Choudhary.
For the Respondent: Mr. Shekhar Sinha.

JUDGMENT :

D.N. PATEL, J.

1. This criminal appeal has been preferred by the appellant-accused, being aggrieved and feeling dissatisfied with the judgment and order of conviction and sentence dated 27th August, 2010 and 31st August, 2010 respectively passed by learned Additional District and Sessions Judge, FTC-VI, East Singhbhum, Jamshedpur in Sessions Trial No. 373 of 2008, whereby, this appellant has been convicted for the offence of murder of Mrs. Duli Murmu. This appellant has been punished for the offence punishable under Section 302 to be read with Section 34 of the Indian Penal Code for rigorous imprisonment for life and fine of Rs. 5,000/- and in case of default, further rigorous imprisonment for the term of one year has been imposed.

2. The case of the Prosecution:

The case of the prosecution is that on 11th April, 2008 at 13:00 hours (i.e. 01.00 P.M) the informant Thakur Hansda (PW-4) gave fardbeyan to police that he brings fire wood from the forest and sells them and yesterday on 10th April, 2008 at 20.00 hours (i.e. 08:00 P.M) when he was in his residence, he heard the










































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