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2024 Supreme(Jhk) 1003

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, PRADEEP KUMAR SRIVASTAVA
Govind Das, son of Late Khuni Das – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


Advocates Appeared:
For the Appellant :Mr. Santosh Kr. Tiwary, Advocate
For the Respondent: Mr. Bishambhar Shastri, A.P.P., Mr. Sanjay Kr. Srivastava, A.P.P.
For the Informant :Mr. Lakhan Chand Roy, Advocate.

JUDGMENT :

(Pradeep Kumar Srivastava, J.)

1. We have heard the arguments of learned counsel for the appellants and learned Additional Public Prosecutor appearing for the State assisted with learned counsel for the informant in both the appeals.

2. The instant criminal appeals have been preferred by the appellants challenging their conviction and sentence for the offence under section 302 and 201 of IPC dated 30.10.2002/31.10.2002 passed by the learned Additional Sessions Judge FTC-V, Deoghar in S.C. Case No.214 of 1996 and arising out of G.R. No.254 of 1995 (T.R. No.599 of 1996), whereby and whereunder the appellants were sentenced to undergone R.I. for life for the offence under section 302 of IPC and R.I. for three years for the offence under section 201 of IPC. Both the sentences have been directed to run concurrently.

FACTUAL MATRIX

3. Factual matrix giving rise to this appeal is that on 01.06.1995 in the noon, the appellant No.1 Govind Das came to the house of the informant Jhula Devi (P.W.2) and asked her daughter-in- law to send her husband (since deceased) to him but on that day the informant’s son did not go to the house of Govind Das. On the next day i.e. on 02.06.1995 in the

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