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2020 Supreme(Jhk) 1050

RATNAKER BHENGRA
Supari Mahato @ Kedar Mahato son of Bhatu Mahato – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants :Mr. Arvind Kumar Choudhary, Mr. Rohit Agrawal, Advocate
For the Respondent/State: Mr. Shekhar Sinha, P.P.
For the Informant :Mr. Lalit Yadav, Advocate

JUDGMENT :

RATNAKER BHENGRA, J.

1. This Criminal Appeal has been preferred against the judgment of conviction dated 13.1.2010 and order of sentence dated 14.1.2010 passed by 5th Additional Sessions Judge, Fast Track Court, Dumka in S.T. No. 319 of 2007 whereby and whereunder appellants were convicted and sentenced under sections 147, 448 and 307/149 IPC and sentenced to undergo R.I. for five years each u/s 307/149 of the IPC. They were further sentenced to undergo R.I. for one year u/s 147 of the IPC and R.I. for one year under section 448 of the IPC. However, all the sentences were directed to be run concurrently.

2. The brief facts of the case as narrated by the informant-PW-8 as per her fardbeyan is that she is the wife of Chhabilal Yadav-PW-11 and resident of village Nawadih. In the night of 19.11.2006 at about 1 a.m. all the six named accused forcefully entered in her house by breaking open the door and assaulted her mother Kunti Devi PW-3. When her mother raised hulla, then the informant PW-8 woke up and went to save her mother, then the accused assaulted her too. They were searching for her husband Chhabilal and said that where is he, they will kill him. She and her mother rais

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