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2020 Supreme(Jhk) 1109

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Fuchana Gosai @ Fulchand Gosai, S/o. Late Regta Gosai – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants :Mr. Kripa Shankar Nanda, Advocate.
For the State : Mr. Bhola Nath Ojha, A.P.P.

JUDGMENT :

Shree Chandrashekhar, J.

Fuchana Gosai @ Fulchand Gosai, who is the appellant in Criminal Appeal (D.B.) No. 839 of 2012 and Baijnath Gosai, who has filed Criminal Appeal (D.B.) No. 808 of 2012, have challenged the judgment of conviction and the order or sentence both dated 02.07.2012, passed in Sessions Trial No. 84 of 2004.

2. The appellants have been convicted and sentenced to R.I for life and fine of Rs.1,000/- each under section 302/149, IPC for committing murder of Chamru Gosai, R.I for one year and fine of Rs.1,000/- each under section 324/149, IPC for voluntarily causing hurt to Fulchand Gosai by dangerous weapons and R.I for five years and fine of Rs.1,000/- each under section 452/149, IPC for committing house-trespass after preparation for causing hurt to the prosecution witnesses.

3. Gumla P.S. Case No. 262 of 2003 was lodged on 14.12.2003 against Parmeshwar Gosai @ Meso, Baijnath Gosai, Bhaura Gosai, Durgesh Gosai, Sudeshwari Gosai and Fuchana Gosai under sections 147, 148, 149, 452, 341, 323, 324, 307 and 302 IPC. After the investigation a charge-sheet was submitted against them and cognizance of the aforesaid offences was taken by the Court on 24.03.2004. Howeve

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