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2017 Supreme(Jhk) 2078

H.C.MISHRA, ANANDA SEN
Dhotan Bhuian – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
Mr. Hardeo Pd. Singh, Amicus Curiae, for the Appellant; Mr. Arun Kr. Pandey, A.P.P, for the State

JUDGMENT

H.C. Mishra and Mr. Ananda Sen, JJ. Heard learned amicus curiae appointed by this Court for the appellant, and learned counsel for the State.

2. The sole appellant is aggrieved by the Judgment of conviction dated 15.12.2005 and Order of sentence dated 21.12.2005, passed by the learned Sessions Judge, Chatra, in Sessions Trial No. 75 of 2005, whereby, the appellant has been found guilty and convicted for the offence under Sections 302 & 201 of the Indian Penal Code. 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 further imprisonment for one year and a fine of Rs. 5000/- for the offence under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.

3. The prosecution case was instituted on the basis of the fardbeyan of the informant, Durgi Devi, the sister of the deceased Faguni Devi, who was married to the accused-appellant Dhotan Bhuian. Both the sisters were married in the same village, namely, Chandar Pakaria, in the District of Chatra, and their houses were also situated nearby. The fardbeyan of the informant was reco

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