GHASIA SIRKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant Ghasia Sirka , who is own brother of the informant Man Singh Sirka, has been found guilty for committing offence under section307 of the Indian Penal Code and has been sentenced to undergo R.I. for a period of 7 years with fine of Rs. 2000/- and in default of payment of fine he has been directed to undergo R.I. for 3 months, by the impugned judgment dated 28.7.2006 passed in S.T. No. 159 of 2005 by the Additional District and Sessions Judge, Fast Track Court-1, at Chaibasa.

(2.) The prosecution case is based upon the fardbeyand of Man Singh Sirka which was recorded by police at village Ramkut on 13.4.2005. It has been stated that on 13.4.2005 at about 11.30 a.m. the appellant Ghasi Sirka assaulted the informant's wife Sukhmati by a Kulhari and inflicted two blows on her head with an intention to commit her murder. It has been further stated that when his cousin intervened and tried to save Sukhmati the appellant started assaulting him and made a murderous attacked on him and inflicted axe blows on his head. Singrai fell down and became senseless. It has been further stated that the informant's children and villagers raised `hulla' at this the appellant fled away towards the forest. The informant has further stated that he is employed in railway department and is posted in Goikera Railway Station. After receipt of information, he rushed to the place of occurrence and came to his village and with the help of the villagers while he was carrying injured to the police station he met the police near Indra Chowk where his statement was recorded. He has further stated that the appellant is his own brother and the reason for this incident was that he was dissatisfied with the fact that the informant had acquired the job in railway after his father's death.

(3.) In order to establish the charges altogether 5 witnesses have been examined on behalf of the prosecution including two injured i.e. P.W.2 and P.W.3. P.W. 2 is none-else than the sister in law of the appellant and wife of the informant and P.W. 3 is the cousin of P.W.1. Both the witnesses have specifically stated that this appellant assaulted P.W.2 by means of Kulhadi and inflicted blows on her head and back and when Singrai Sirka P.W.3 her cousin tried to save her, the appellant started assaulting him also caused injuries.