RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:

1. 1. Heard Mr. Jitendra S. Singh, learned counsel appearing for the appellant in Cr. Appeal (DB) No. 723 of 2014, Mr. Anil Kr. Sinha, learned counsel appearing for the appellant in Cr. Appeal (DB) No. 719 of 2014 and Mrs. Nehala Sharmin, learned Spl. P.P. as well as Mrs. Priya Shrestha, learned Spl. P.P. for the State

2. Since both these appeals arise out of a common judgment, they are being disposed of by this common order.

3. These appeals are directed against the judgment and order of conviction and sentence dated 31-07-2014 (sentence passed on 04-08-2014) passed by Sri Manoj Prasad, learned Judicial Commissioner-IV, Ranchi in S.T. No. 490/2011 whereby and whereunder, the appellant in Cr. Appeal (DB) No. 723/2014 has been convicted for the offences punishable under Section 302 IPC and Section 27 Arms Act and has been sentenced to undergo imprisonment for life for the offence under Section 302 IPC and rigorous imprisonment for three years for the offence punishable under Section 27 Arms Act and a fine of Rs 50,000/-, while the appellant in Cr. Appeal (DB) No. 719/2014 has been convicted for the offence punishable under Section 302/120B IPC and has been sentenced to undergo imprisonment for life along with a fine of Rs. 50,000/-.

4. The prosecution case arises out of the fardbeyan of Ramjan Khan recorded on 24-03-2011 in which it has been stated that the marriage of his son Afroz Khan was solemnized with Sabina Praveen on 05.03.2011 as per Muslim rites and customs. Sabina Praveen, after being brought by the informant to Raidih village, was not happy and she always used to take the name of Satyanarayan Sahu and she used to profess her love for Satya. It has been alleged that the daughter-in-law of the informant had a love affair with Satyanarayan Sahu from before. The friend of Satyanarayan Sahu, namely, Laxman Nayak used to come and converse with Sabina Praveen. The daughter-in-law of the informant, without any prior permission, had left for Hatia to meet Satyanarayan Sahu. On 23-03-2011 at 11:30pm, Satyanarayan Sahu and Laxman Nayak came on a motorcycle to the house of the informant and tried to open the door. When the door was not opened, they broke open the door and Satyanarayan Sahu, who had a revolver in his hand, had fired at the temple of Afroz Khan. The daughter-in-law of the informant, Satyanarayan Sahu and Laxman Nayak had, under a conspiracy, committed the murder of the son of the informant.

Based on the aforesaid allegations, Dhurwa P.S. Case No. 59/2011 was instituted. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 490/2011. Charge was framed against the accused Satyanarayan Sahu under Section 302/34 IPC and Section 27 Arms Act and against the accused Sabina Praveen under Section 302/120B IPC which were read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9b4diyuZfSQttfpKi2Z%2FN4dZZe%2BBgaCjRqqgeRQNY9ET&caseno=Cr.A(DB)/719/2014&cCode=1&cino=JHHC010092702014&state_code=7&appFlag=)

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