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2022 Supreme(Jhk) 1200

RONGON MUKHOPADHYAY, RAJESH KUMAR
Nedey Birua @ Neru Birwa – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mrs. Gouri Devi.
For the Respondent: Mrs. Nehala Sharmin, A.P.P.

JUDGMENT :

Rongon Mukhopadhyay, J.

Heard Mrs. Gouri Devi, learned counsel for the appellant and Mrs. Nehala Sharmin, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 31.05.2012 (sentence dated 01.06.2012) passed by Sri Ghanshyam Kumar Mallik, learned Additional Sessions Judge-I, Singhbhum (West) at Chaibasa in Sessions Trial No. 250 of 2001(S), whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment (R.I.) for life.

3. A Fardbeyan of Indira Birua was recorded on 04.10.2000 at 9 a.m. in which she has stated that a day before she had come to Langra Hat with her husband and when both were returning back to their home in the evening they found Nedey Birua (appellant), Kiti Birua and Pradip Das standing with bows and arrows. On seeing her husband they started raining arrows and two of the arrows struck her husband on his stomach and left rib and he fell down. It has been alleged that when the husband of the informant fell down a third arrow was shot at his head. When she started raising an alarm, several persons incl

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