H.C.MISHRA, B.B.MANGALMURTI, JJ. - (1.) Heard learned counsel for the appellants and learned counsel for the State.
(2.) The appellants are aggrieved by the Judgment of conviction dated 27th April, 2016 and Order of sentence dated 02nd May, 2016, passed by the learned Additional Sessions Judge-VIII, Dhanbad, in S.T. No. 74 of 2009, whereby, both the appellants have been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, these appellants have been sentenced to undergo imprisonment for life and fine of Rs.5,000/- each, for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Umesh Hansda, the brother of the deceased Tala Manjhi, recorded on 18.10.2006 at village Chandmari, P.S. Dhansar, District Dhanbad, at 8.30 A.M. in the morning, wherein he has stated that his brother Tala Manjhi was living along with the accused persons, viz., Mangala Manjhi, Kati Kisku and Rajesh Murmu. On 17.10.2006 all of them went out together and at about 07:00 P.M., and at about 8.00 P.M. in the night, he was informed that his brother Tala Manjhi had a quarrel with the accused persons, in course of which, the accused persons assaulted him by stone causing his death, on the PCC road near the house of Sukhlal Manjhi in the village. He has stated that in the night due to the fear they did not inform the police and in the morning when the police arrived at the place of occurrence, the fardbeyan was given by the informant, on the basis of which Dhansar P.S. Case No.673 of 2006, corresponding to G.R. No.3281 of 2006, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the three named accused persons, including these appellants, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;