NARAYAN DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has faced the trial on the charge under section 302 r/w section 34 of the Indian Penal Code for committing murder of Mahesh Kant Jha. In Sessions Case No.01 of 2010, he has been convicted and sentenced to R.I for life and fine of Rs.5,000/- under section 302 of the Indian Penal Code.

(2.) The informant of this case is son of the deceased who in his fard-beyan which was recorded on 07.07.2009 has stated that at about 4:00 p.m. in the afternoon the accused persons, namely, Narayan Das, Shankar Das, Bhankar Das, Subha Devi and the wife of Makar Das were quarreling with his father in the field (Bari). At that time the accused, namely, Narayan Das, Shankar Das, Bhankar Das, Subha Devi and the wife of Makar Das were carrying tangi, garansa, lathi etc. and they started assaulting his father. The accused-Narayan Das has assaulted his father with tangi on his head, forehead and parietal region and other accused persons assaulted him over his right hand, chest, face and nose. On his raising hullah several persons arrived there and have seen the accused persons fleeing away from the place of occurrence. He has been examined in the court as P.W 2. His sister-in-law, namely, Sanju Devi who has been projected by the prosecution as an eye-witness was examined as P.W 1. Both P.W 1 and P.W 2 have claimed that they have seen the appellant assaulting Mahesh Kant Jha with tangi on his head and around his occipital and parietal region. P.W 3 who has put his signature on the fard-beyan which was recorded on 07.07.2009 has turned hostile and P.W 4 is a co-villager who has seen the accused persons fleeing away from the place of occurrence. The investigating officer who has been examined as P.W 5 has stated that he has recorded restatement of the informant on the same day. He has prepared the inquest-report at 17:00 hrs. on 07.07.2009 and sent the dead body of Mahesh Kant Jha for post-mortem examination through a requisition.

(3.) The prosecution has sought to corroborate the ocular evidence with the medical evidence. Dr. Pradeep Kumar Sinha, who has been examined as P.W 6, has conducted the post-mortem examination on 08.07.2009. He has found the following injuries on Mahesh Kant Jha: