JUDGEMENT
SHREE CHANDRASHEKHAR,J. -
(1.) The appellants, namely, Jai Prakash Singh, Sumeshwar Singh @ Guduwa, Mohan Singh and Munarik Singh
have been convicted and sentenced to R.I. for life and fine of
Rs. 2,000/-each under section 302 / 34 of the Indian Penal Code
and R.I. for three years and fine of Rs. 1,000/- each under
section 201 / 34 of the Indian Penal Code. They have also been
convicted under section 341 / 34 , section 342 / 34 ,
section 323 / 34 and section 506 / 34 of the Indian Penal Code,
however, no separate sentence has been awarded for the
aforesaid offences.
(2.) Jhalo Devi, the mother of Subhash Singh, is the informant of this case. In the night of 08 th October, 2010 at
about 11:00 am on hearing commotion she came out from her
house. She found that her son Subhash Singh has been
confined in the house of Munarik Singh. Next day at about
11:00 am Munarik Singh , Sumeshwar Singh @ Guduwa and Jai Prakash Singh brought her son to a nearby school and
started assaulting him with lathi. When she tried to rescue her
son then Sumeshwar Singh assaulted her. The accused
persons thereafter carried her son to her house and left. She
offered water to her son but while drinking water he
succumbed to his injuries. She covered the dead body of her
son and bolted the room from outside but in the evening when
she entered her house she found that the dead body of her son
was not there. She has further stated that the appellants
threatened her not to go to the police for lodging any complaint
about the occurrence.
(3.) The informant has gone to the police station on 10.10.2010 and her fardbeyan was recorded by B. D. Jha, Sub-Inspector of Police at Sadar Hospital, Latehar at about
12:30 hrs. in the afternoon. On the basis of her fardbeyan, Latehar P.S. Case No. 124 of 2010 was lodged against
Sumeshwar Singh @ Guduwa, Jai Prakash Singh, Mohan
Singh and Munarik Singh under sections
341 / 342 / 323 / 506 / 302 and 201 r/w section 34 of the Indian Penal Code.;
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