JUDGEMENT
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(1.)The appellants are aggrieved by the common judgment of conviction dated 22-7-2005 and order of sentence dated 23-7-2005, passed by the Additional Sessions Judge, F.T.C. III, Gumla, in S. T. No. 216 of 2003 and S. T. No. 217 of 2004, whereby the appellants have been found guilty and convicted for the offence under Section 302/34 of the Indian Penal Code for committing murder of Bhauwa Kharia. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R. I. for life and fine of Rs. 2000/- each and on default of payment of fine it was ordered that they will further undergo S.I. for six months.
(2.)It is pertinent to mention here that in this case charges were framed under three different heads against the accused persons of the case. In this case first charge-sheet was submitted on 22-9-2002 by the police against the 5 accused persons vide charge-sheet No. 58 of 2002 and investigation continued in respect of the rest of the accused persons and the subsequently charge-sheet No. 38 of 2004 was submitted on 30-6-2004. Charge was framed against the appellant Nos. 1 and 3 of this appeal along with three other accused persons in S. T. No. 216 of 2003 of the case on 24-3-2004. Charge was framed against the appellant Nos. 2 and 4 and 13 others in S. T. No. 217 of 2004 on 23-9-2004. But no charge has been framed against the appellant No. 2 though his name appears as an accused in the judgment. However charge has been framed against one Duka Khadia in S. T. No. 216 of 2003, whose name does not appear in the judgment. Further, it is found that there were two sessions trials bearing S. T. No. 216 of 2003 and S. T. No. 217 of 2004. All the 9 witnesses have been examined by the prosecution in S.T. No. 216 of 2003. P.Ws. 1 to 8 of the case have been examined between 18-5-2004 to 28-7-2004 i.e. before framing the charge against the appellant No. 4 Hazari Kharia but later on vide order dated 16-11-2004 the original file i.e. S.T. No. 216 of 2003 and S. T. No. 217 of 2004 have been amalgamated.
(3.)It is also pertinent to mention here that in this case there are two persons named as Ratia Kharia. One is Ratia Kharia son of Hazari Kharia and the other is Ratia Kharia son of Somra Kharia. Charge has been framed against Ratia Kharia son of Hazra Kharia in S. T. No. 216 of 2003 dated 24-3-2004 and in S. T. No. 217 of 2004 charge has been framed against Ratia Kharia Son of Somra Kharia on 23-9-2004. Ratia Kharia son of Hazra Kharia is the appellant No. 3 in this appeal. Ratia Kharia son of Somra Kharia is not a party in this appeal.
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