SUKRA PURTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and sentence passed by Shri B.K. Sinha 2nd Additional Sessions Judge, Chaibasa in S.T. No. 118 of 1990 by which the learned Sessions Judge convicted the appellant under Section 304, Part I, IPC and sentenced him to undergo R.I. for 10 years.

(2.) The prosecution case in short is that one Munni Purty lodged FIR claiming therein that on 17.9.1989 at about 8 p.m. the Informant's Dewar Sudan Purty aged about 60 years had an altercation with his son Sukra Purty, appellant. Sudan Purty was telling his son Sukra Purty that his Mama is not available and there is no whereabout. On this the appellant became anger and he lifted Angarh from Gohal and started beating Sudan Purty causing injuries, as a result of which Sudan Purty died. The informant tried to save the deceased but the appellant continued assaulting his father. It is claimed that the appellant committed murder of his father. Accordingly, the FIR was lodged under Section 302, IPC. The police investigated into the case and submitted charge- sheet against the appellant. It is stated that the husband of Informant and deceased Sudan Purty were own brothers and both separated by metes and bounds. Sudan Purty married five times. From his first wife, a daughter was born and from the second wife, Sukra Purty, the appellant was born and from third wife, there was no issue.

(3.) The appellant appeared before the Sessions Court and the charge under Section 302, IPC was framed, to which the appellant denied the allegation. The defence case as alleged that the appellant has been falsely implicated in this case and he has committed no offence as well as there was no intention for causing the death of Sudan Purty.