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2004 (10) TMI 583
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....as awarded death penalty whereas other two accused persons were sentenced to imprisonment for life. All the three accused persons were further sentenced to pay a fine of Rs. 2,500/- each, in default to undergo rigorous imprisonment for a period of six months. On appeal being preferred before the High Court of Jharkhand, their conviction and sentence have been upheld. The short facts are that on the basis of fardbayan of one Kajmir Kerketta \026 informant (PW 19) recorded on 24th November, 1998 at 5.30 p.m., a First Information Report was drawn up at Simdega police station on the same day at 10.30 p.m. against unknown persons in which it was stated that the informant was next door neighbour of Benedik Dungdung and on 23rd November, 1998 at ....
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....aforesaid accused persons, including the appellant, but as accused Jowakim Dungdung died, only three accused persons were tried. Defence of the accused persons was that they were innocent, had no complicity with the crime but falsely implicated in the present case because of animosity. During trial, the prosecution examined several witnesses and got various documents exhibited. Defence, however, did not examine any witness. Upon the conclusion of trial, the learned Additional Sessions Judge convicted the three accused persons, including the appellant, as stated above, and the same was confirmed in appeal by the High Court. Against the order of conviction, accused Rajesh Yadav @ Raju Gowala and Silbestor Dungdung did not move this Court wh....
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....he bloodstained balwa and tangi were recovered by the police So far as the first circumstance, i.e., the motive is concerned, the prosecution has examined Silas Kerketta (PW 1), Fransis Kerketta (PW 2), Albinus Kerketta (PW 3), Patrik Kerketta (PW 4), Bhimsent Kerketta (PW 5), Abhinash Topno (PW 7), Walter Kerketta (PW 11), Mariyanus Dungdung (PW 12), Vinsent Toppo (PW 18) and informant \026 Kajmir Kerketta (PW 19) who have consistently stated in their statements that a land dispute was going on between the deceased - Benedik Dungdung and the appellant & his brother Jowakim Dungdung. They further stated that a panchayati was also held in the village which was not attended by the appellant and his brother rather they had given o....
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.... As regards the fact that the appellant was seen in village Simdega four to five days before the date of the alleged occurrence by PW 18, the best evidence in this regard is that of PW 18 who has categorically stated in court that he had seen the appellant in village Simdega four to five days prior to the date of the alleged occurrence and the same is consistent with his statement before the police. That apart, evidence of PW 18 is corroborated by PWs 1, 7 and 12 who stated that PW 18 disclosed before them that he had seen the appellant in village Simdega four to five days before the date of the alleged occurrence. Thus, the prosecution has successfully proved this circumstance as well. Fourth circumstance is recovery of one to....
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....he appellant came to his village from Punjab four to five days before the date of the alleged occurrence and was seen by PW 18 in village Simdega cannot be said to be an unnatural conduct on the part of the appellant, as such the same cannot be taken as a circumstance against him. Recovery of one torch cell and knife from the pocket of appellant after the date of alleged occurrence cannot be used as a circumstance against him, especially when neither there is any case nor evidence that the knife recovered was stained with blood. The other circumstances which remain are motive and letter written by the appellant giving false information to his brother that he was dead. These two circumstances raise strong suspicion against the ap....