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2019 Supreme(Jhk) 586

APARESH KUMAR SINGH
Chamru Munda – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajeev Ranjan Tiwary, Amicus Curiae
For the Respondent: Mr. Pankaj Kumar, A.P.P.

JUDGMENT :

1. Heard learned Amicus Curiae Mr. Rajeev Ranjan Tiwary, appellant and learned Additional Public Prosecutor Mr. Pankaj Kumar representing the State.

2. The sole appellant has undergone conviction for the charge under section 302 of the Indian Penal Code and is suffering incarceration of life imprisonment with a fine of Rs. 10,000/-and to suffer default sentence for one year on failure to deposit the fine amount, by the impugned judgment dated 21.09.2013 / order of sentence dated 28.09.2013 rendered by the learned Judicial Commissioner-II, Khunti in Sessions Trial No. 626 of 2009 which arose out of Arki P.S. Case No. 15/2009 corresponding to G.R. No. 167/2009.

3. The prosecution story developed on the basis of the fardbeyan of the father of the deceased Lembo Kumari namely Phagua Lohara (examined as P.W.2) recorded by the Sub Inspector Dharam Deo Ram, Officer-in-charge, Arki P.S. on 28.05.2009 at 9.45 hours at Lupung Piri side of Pucci road. As per the fardbeyan, the informant asserted the role of the accused Chamru Munda (sole appellant) in killing his daughter Lembo Kumari aged 16 years whose dead body was found on 28.05.2009 near Lupung Piri by the side of Pucci road. Her

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