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2024 Supreme(Jhk) 334

ANANDA SEN, SUBHASH CHAND
Mahadeo Munda S/o Late Sokha Munda – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Avilash Kumar, Advocate Mr. Anwar Hussain, Advocate
For the Respondent: Mr. Tarun Kumar, A.P.P.

JUDGMENT :

Ananda Sen, J.

The appellant has preferred this appeal against the Judgment of Conviction dated 18th January, 2014 and Order of Sentence dated 23rd January, 2014 passed by the Additional Judicial Commissioner 17, Ranchi in Sessions Trial No.70 of 2009, whereby the appellants have been held guilty and convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/-each and in default of payment of fine to undergo further simple imprisonment for three months each.

2. Learned counsel for the appellants submits that the prosecution has miserably failed to prove the motive behind the occurrence. He submits that there are major contradictions in the statements of the prosecution witnesses. He submits that the P.W.1 is a hearsay witness. The statement of P.W.2 is contradictory as in her examination-in-chief she has stated in paragraph 3 that while Chotku Lohra was on his way for his home, the appellants stopped him and started arguing with him and thereafter she a

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