- (1.) Heard learned counsel for the informant appellant and learned counsel for the State.
(2.) The informant appellant is aggrieved by the impugned Judgment dated 2nd of June, 2017, passed by the learned Additional Sessions Judge-XIV, Dhanbad, in S.T. Case No. 466 of 2011, whereby, out of the three accused persons, facing the trial for the offences under Sections 302, 201 / 34, and 120-B of the Indian Penal Code, for the murder of the brother of the informant, two of them, namely, respondent No. 2 Kunti Devi and respondent No. 3 Vinod Rawani, have been acquitted of the charges. The co-accused Shankar Rawani has been found guilty, convicted and sentenced by the Trial Court below for the offences under Sections 302 and 201 of the Indian Penal Code.
(3.) According to the prosecution case, which is based on the fardbeyan of the informant appellant, recorded on 19.5.201, is that on the previous day, i.e., on 18.5.2011, at about 4.00 P.M., his younger brother Makru Rawani, the deceased, had left his house for shaving, but did not return till late night and next day in the morning, his dead body was found with ante-mortem injuries. In the fardbeyan, it is stated that about 2 years ago, the father of the deceased, who was working in BCCL colliery, died due to cancer and subsequently, as decided by the villagers, the informant got the job in place of his father, and the amount of Rs. 9.15 lacs received from the colliery was deposited in the name of his deceased brother and his wife Kunti Devi. It is alleged in the fardbeyan that Kunti Devi was a lady of easy virtues and as the deceased brother of the informant was of impaired vision, he was not liked by his wife Kunti Devi and she did not like to live with him, and it was suspected by the informant that Kunti Devi got her husband murdered. The police case was instituted on the basis of the said fardbeyan and investigation was taken up. After investigation, the police submitted chargesheet against all the accused persons.;