Prashant Kumar, J. - (1.) Both the appeals arose from common judgment, therefore they are heard together and being disposed of by this judgment.
(2.) The appellants challenged the judgment of conviction and order of sentence dated 30.11.2002 passed by Additional District & Sessions Judge, 1st Fast Track Court, Giridih in Sessions Trial No. 159 of 2001 whereby and whereunder appellants were convicted under Sections 364/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. 2A. The case of prosecution, in short, is that on 11.09.2000 appellant Deg Lal Mahto along with co-villager came to the house of informant and asked about Bhadri Devi. However, Deglal Mahto returned when informant said that she did not come. Thereafter informant and her family members searched Bhadri Devi, but they could not succeed. It is further alleged that Bhadri Devi was always assaulted and tortured by the appellants for demand of a motorcycle and T.V. Thus, the informant suspected that after committed murder of Bhadri Devi appellants might have concealed her dead body.
(3.) On the basis of aforesaid information Bagodar P.S. Case No. 136 of 2000 under Sections 364/34 of the Indian Penal Code instituted and police took with up investigation. After completing investigation, police submitted charge-sheet against the appellants. It further appears that learned Chief Judicial Magistrate, Giridih took cognizance of the offence and committed the case to the court of Sessions, as the offence under Sections 364/34 of the Indian Penal Code is exclusively triable by the court of Sessions.;