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2023 Supreme(Jhk) 945

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Karia Khan @ Perwez Khan, son of Khalil Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vishal Kumar Bijay, Advocate
For the Respondent: Mr. Saket Kumar, A.P.P.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal, under Sections 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 24.06.2015 and order of sentence dated 26.06.2015 passed by the learned Sessions Judge, Lohardaga in Sessions Trial No. 102 of 2012 arising out of Kisko P.S. Case No. 84 of 2011, corresponding to G.R. No. 635 of 2011, whereby and whereunder, the appellant has been convicted under Section 302/34 of IPC and sentenced to undergo rigorous imprisonment for life for the said offence along with fine of Rs.10,000/-, in default of payment of fine, he has been directed to further undergo imprisonment for three months. The appellant has also been convicted under Section 27 of Arms Act and sentenced to undergo rigorous imprisonment for three years along with fine of Rs.5,000/- and in default of payment of fine, he has been directed to further undergo simple imprisonment for one months.

2. The prosecution story in brief as per the allegation made in the FIR, reads as under:

On 9.12.2011, Tabrej Khan, the informant, received telephonic information at about 7:00 pm from his Fufi from Hisri village that Rushed Khan was shot nea

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