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2024 Supreme(Jhk) 328

ANANDA SEN, SUBHASH CHAND
Amir Mallick – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants : M/s Amit Kr. Das and Sankalp Goswami, Advs.
For the State : Mr. Pankaj Kumar, A.P.P.
For the Informant : M/s Asif Khan and Alok Anand, Advs.

JUDGMENT :

Ananda Sen, J.

This appeal is directed against the judgment of conviction and order of sentence dated 13.03.2014 passed by Sri Deepak Nath Tiwari, the learned Additional Sessions Judge-II, Jamshedpur in Session Trial No. 240 of 2012, arising out of Mango (Azadnagar) P.S. Case No. 97 of 2012, whereby and whereunder, appellant No. 1 has been punished to undergo rigorous imprisonment for life for committing the offence punishable under Section 302/34 IPC and further pay a fine of Rs.10,000/-, whereas, appellant No. 2 has been punished to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-. In default of payment of fine, the appellants are liable to undergo rigorous imprisonment for further period of six months and three months respectively.

2. Learned counsel appearing on behalf of the appellants-convicts submitted that the main witness P.W. 1, who is the husband of the deceased, has not supported the prosecution case. As per the Fardbeyan of the deceased, which is dying declaration of the deceased, her husband was not in the house and had gone for morning walk, but this fact was demolished by the statement of P.W. 1 himself, who has stated that he was pre

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