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2022 Supreme(Jhk) 1163

NAVNEET KUMAR
Jagdish Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Arbind Kr. Choudhary, Advocate
For the Respondent: Mr. Shiv Shankar Kumar, A.P.P.
For the Informant :Mr. Aashish Kumar, Advocate

ORDER :

1. This appeal is directed against the judgment of conviction and order of sentence dated 23.09.2005 passed by the learned 1st Additional Sessions Judge, Deoghar in Sessions Trial No. 34 of 2000 in connection with Sarawan (Sonaraithari) P.S. Case No. 164 of 1998, corresponding to G.R. Case No. 932 of 1998 & T.R. No. 213 of 2000, Deoghar, Jharkhand, whereby and where under the appellant no. 1 Jagdish Mahto was held guilty for the offence punishable u/s 307 of IPC and sentenced to undergo rigorous imprisonment for 7 years along with fine of Rs. 2000/- (Rs. Two Thousand only) in default of payment of fine further directed to undergo imprisonment for 3 months. Further rest of the appellants were held guilty for the offence punishable u/s 323 of IPC and sentenced for six months RI along with fine of Rs. 500/- (Rs. Five Hundre Only) each and in default of payment of fine further directed to undergo R.I. for one month’s imprisonment.

2. Prosecution story is based on the fardbeyan of informant Bishwanath Mahto (P.W. 6) s/o late Manna Mahto resident of village Bagjhopa P.S. Sonaraithari, Distt. Degohar recorded at Sadar Hospital, Deoghar on 22.11.1998 at about 11.30 hours by A.S.I., B

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