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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
State of Jharkhand – Appellant
Versus
Shiv Narayan Yadav @ Chhotka – Respondent
JUDGMENT :
Shree Chandrashekhar, J.
1. The State of Jharkhand has challenged the judgment dated 22nd December 2005 in Sessions Trial Nos. 17 of 2005 and 96 of 2005, by which Shiv Narayan Yadav @ Chhotka, P. Chhanda Rao @ Dolly, Md. Akhtar, Satpal Singh @ Mithu Paji, Raju Podwal @ Raju Das, Sushil Kumar Jha @ Pappu Jha, Mohan Gupta, and Ravi Chourasia have been acquitted from the charge framed against them under sections 302/34 and 120B of the INDIAN PENAL CODE for committing murder of P. Ratna Rao @ Joni in furtherance of common intention and conspiracy. Raju Podwal @ Raju Das has been acquitted also of the charge under section 27 of the ARMS ACT .
2. On 19th June 2004, at about 09:00 AM, P. Ramchandra Rao who is the father of Joni gave his fardbeyan before the officer-in-charge of Sitaramdera PS at his house situated at 22 New Layout within Sitaramdera PS. According to him, two boys one of whom was of average build came near his house and made some inquiry from Dolly and, in the meantime, the other boy fired shot at his son - the shooter was a tall boy. The assailants thereafter fled away towards the northern side on a motorcycle which was held by a third boy in starting position,
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