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2024 Supreme(Jhk) 290

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Bamiya Pingua, Son of Late Chambru Pingua – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Piyush Krishna Choudhary, Advocate
For the Respondent: Mrs. Lily Sahay, A.P.P.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. This appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction dated 14.09.2017 and order of sentence dated 16.09.2017, passed by learned Additional Sessions Judge-III, West Singhbhum at Chaibasa, in Sessions Trial Case No. 241 of 2012, whereby and whereunder the learned trial court has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and has sentenced to undergo R.I for life under Section 302 of the Indian Penal Code and fine of Rs.10,000/- [ten thousand] and in the event of default of payment of fine convict was further directed to undergo rigorous imprisonment for six months.

Prosecution Case:

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case.

3. As per fardbeyan (Ext.1/3) of the informant P.W.8 Janki Kui, which was recorded by P.W.11-Sub Inspector of Police, Binod Oraon, Officer-in-charge, Manjhari P.S. on 23.6.2012 at 6.00 hours at near house of Badhai Pingua at Jangiburu, the case of

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