Cr. Appeal (D.B.) Nos. 1769 and 1764 of 2004. Case: Brij Nandan Sharma and Ors. Vs The State of Jharkhand. Jharkhand High Court
| Case Number | Cr. Appeal (D.B.) Nos. 1769 and 1764 of 2004 |
| Counsel | For Appellant: S.P. Roy, Advocate and For Respondents: Nagmani Tiwari, A.P.P. |
| Judges | Pradip Kumar Mohanty, Actg. C.J. and Ananda Sen, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 313; Indian Penal Code 1860, (IPC) - Sections 201, 302, 328, 34 |
| Judgement Date | February 14, 2017 |
| Court | Jharkhand High Court |
Judgment:
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Both the criminal appeals, arises out of the same case, were heard together and are being disposed of by the common judgment.
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Both the criminal appeals are directed against the judgment of conviction dated 15.09.2004 and order of sentence dated 20.09.2004 passed by Additional Sessions Judge, F.T.C.-IV, Dhanbad in S.T. No. 62 of 2002, whereby both the appellants having been found guilty of the charges under Section 302, 328 and 201 of the Indian Penal Code, have been sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and directed to pay fine of Rs. 5,000/- and further they have been sentenced to undergo rigorous imprisonment for ten years for the offence under Section 328 of the Indian Penal Code and to pay fine of Rs. 1,000/- and they have also been sentenced to undergo rigorous imprisonment for three years for the offence under Section 201 of the Indian Penal Code and to pay fine of Rs. 500/- and in default thereof, the appellants have been further sentenced to undergo imprisonment for two months. However, all the sentences were directed to run concurrently.
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The case of the prosecution, in brief, is that on 17.7.2001 at about 6:05 a.m. the informant-Mahendra Nath Tiwari-S.I. of Kenduadih police station got information that the dead bodies of one male and one female are lying in the drain near Godhar. After receiving the information, he proceeded to the place of occurrence with the constable and found that the dead body of a male and female lying in the drain. Thereafter, he got the photographs through the photographer and the inquest reports were prepared. Both the deceased (female and male) were aged about 45 and 50 years respectively and bleeding was also detected from the face of the male dead body. The face and lips of female dead body had turned black from which it appeared that the dead bodies have been thrown after administering poison to them. Both the dead bodies were sent to the Central Hospital, Dhanbad for postmortem examination and the fardbeyan (Ext. 4) was recorded.
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On the basis of self statement of informant-Mahendra Nath Tiwari, Kenduadih P.S. Case No. 77 of 2001 (Ext. 3) was registered under Section 302 and 201 of the Indian Penal Code against unknown persons. After registering the case, investigation was carried out and after preparing the inquest report (Ext. 2/2, 2/3, 2/4) of the deceased, the dead-bodies were sent for postmortem examination.
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On completion of the investigation, charge-sheet was submitted against the appellants and cognizance of the offences under Section 302/201/328/34 of the Indian Penal Code was taken against the appellants and thereafter the case was committed to the Court of Sessions. It is pertinent to mention here that during investigation, the police recovered another dead body i.e. of Pushpa Devi, wife of Brij Nandan Sharma. No separate first information report was registered for that.
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The plea of the defence is complete denial of the allegation. Thus they claimed...
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