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2020 Supreme(Jhk) 545

S.CHANDRASHEKHAR, RATNAKER BHENGRA
Ashit Kumar Rana – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Kanti Kumar Ojha, Advocate
For the Respondents: Gouri Shanker Prasad, Spl. P.P.

JUDGMENT :

S. Chandrashekhar, J.

1. Both father and son along with an unknown person are said to have committed murder of Budhu Rana. On the basis of fardbeyan of Smt. Padma Rana, wife of the deceased, Chakulia P.S. Case No. 05 of 1992 was registered against the appellants and unknown under section 302/34 of the Indian Penal Code.

2. During the investigation the unknown assailant who has fired pistol shot on Budhu Rana was not found and a charge-sheet was submitted against the accused-appellants under section 302/34 of the Indian Penal Code and under section 27 of the Arms Act.

3. In Sessions Trial No. 76 of 1993, the appellants have been convicted and sentenced to R.I. for life under section 302/34 of the Indian Penal Code.

4. During pendency of this criminal appeal, the appellant, namely, Anukul Rana has passed away and, accordingly, this criminal appeal qua the appellant, namely, Anukul Rana has abated vide order dated 26.11.2019.

5. During the trial the prosecution has examined eight witnesses; the informant is P.W. 2.

6. The prosecution has projected the informant and her step-son, namely, Mritunjay Rana as eye-witnesses.

7. In her fardbeyan, the informant has stated that in the after

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