- (1.) Heard learned counsel for the appellants and learned counsel for the State.
(2.) The appellants are aggrieved by the Judgment of conviction and Order of sentence dated 11th June, 2008, passed by the learned Sessions Judge, West Singhbhum at Chaibasa, in S.T. No. 28 of 2008, whereby, both the appellants have been found guilty and convicted for the offences under Sections 302 / 34 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, these appellants have been sentenced to undergo R.I. for life and fine of Rs.10,000/- each, for the offence under Sections 302 / 34 of the Indian Penal Code, and R.I. for three years with fine of Rs. 1000/- each, for the offence under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the written report submitted by the informant Barkunwar Khandait, at the Hatgamharia Police Station on 04.11.2007, in which it is stated that the deceased Diku Khandait used to live with the informant for the last two months. On 31.10.2007 at about 5:00 P.M., the informant had gone to the house of Diku Khandait, and both of them were returning together at about 7:00 P.M., when three accused persons, namely, Chandra Mohan Khandait @ Hogo Khandit, Dudu Khandait and Bonta Purty waylaid them and they started assaulting Diku Khandait. When the informant tried to intervene, he was threatened to be killed and thereafter all the three accused persons took away Diku Khandait along with them. The informant has stated that he did not inform any one in village for about 2-3 days, but they were searching Diku Khandait. On 04.11.2007 at about 9:00 A.M., they found the decomposed dead body with cut injury in the neck, in the river covered by sand, and thereafter the written information was given to the police. On the basis of the written report, Jhinkpani (Hatgamharia) P.S. Case No.52 of 2007, corresponding to G.R. No.595 of 2007, was instituted for the offences under Sections 302, 201 / 34 of the Indian Penal Code, against the three named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case. It appears from the Lower Court Records that the accused Dudu Khandait was found to be a juvenile, and his case was sent to the J.J. Board for enquiry.;