- (1.) Vide our short operative order dated 17th December, 2014, the instant appeal stands allowed disturbing the impugned judgment of conviction/sentence recorded by the trial court whereby all the three accused-appellants stand acquitted of the charges of section 302/201 I.P.C. The detailed judgment, however, follows as under.
(2.) Manoj Soren son of Motka Soren @ Sarkar Soren (for short Manoj), Sanatan Karmkar @ Biggi Maraiya @ Sanatan Maraiya (for short Sanatan) and Parmeshwar Tudu @ Boka Tudu (for short Boka Tudu), the appellants herein, alter being convicted for the charge of section 302/201 I.P.C. vide (the impugned judgment of 1st Additional Sessions Judge, Dumka dated 31st July, 2004, have preferred the instant appeal. The sentence slapped upon them is rigorous imprisonment for life and to pay a fine of Rs. 5000/-, in default thereof, further rigorous imprisonment for a period of six months for the offence punishable under section 302 I.P.C. However, they have not been separately sentenced for the offence punishable under section 201 I.P.C.
(3.) The case of the prosecution originates from the F.I.R No. 59/2001 registered in Police Station Kathikund. The deceased happens to be one Rambaran Prasad, Inspector of the said Police Station. The occurrence is of 27th December, 2001 and the F.I.R was lodged on 28th December, 2001. It was initially registered against unknown persons. The prosecution case thus hinges upon circumstantial evidence.;