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2024 Supreme(Jhk) 131

SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Bodar Marandi, S/o Durga Marandi – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aditya Raman, Amicus Curiae
For the Respondent: Mrs. Vandana Bharti, Spl. P.P.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. The above-named sole appellant has preferred this instant appeal under Section 374 (2) of the Code of Criminal Procedure against the Judgment of conviction dated 22.04.1995 and Order of sentence dated 25.04.1995, passed by learned 1st Additional Sessions Judge, Dumka, in Sessions Case No. 116 of 1993, arising out of Kathikund P.S. Case No.29 of 1992 (G.R. Case No.681 of 1992) registered under Section 302/34 of the Indian Penal Code for committing murder of Muni Murmu by which the appellant has been convicted under section 302 of the Indian Penal Code and has been directed to undergo rigorous imprisonment for life.

2. The prosecution story as depicted in the F.I.R. (Exhibit-2) lodged by one Prabit Marandi (P.W.-6) stating inter alia that on 16.07.1992 in the morning, informant’s mother (since deceased) and his wife namely, Bahamuni Hansda (P.W.-5) had gone to their field for disposing cow dung. The informant was in his house and after some time, he heard the screaming of his wife that his mother has been assaulted then, he rushed towards the place of occurrence and arrived near the ridge of his field, then there he saw accused Hilar Marandi ar

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