SHAMBHU RAI, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In S.T. Case No. 159 of 2009, the appellant has suffered the judgment of conviction dated 30.04.2010 and the order of sentence dated 07.05.2010. He has been sentenced to life imprisonment on each count under section 449/34 of the Indian Penal Code, under section 307/34 of the Indian Penal Code and under section 302/34 of the Indian Penal Code.

(2.) The informant of this case is son of the deceased. On the basis of a written report dated 17.09.2008 which was given to the police by the informant after death of his father, Dhanwar P.S. Case No.178 of 2008 has been registered against Shambhu Rai, Jhandu Chaudhary and unknown under section 302/ 449/ 341/ 323/ 324/ 325/ 307/ 120(B) of the Indian Penal Code. After the investigation a charge-sheet was submitted against the appellant and Jhandu Chaudhary, who has, however, absconded. The appellant has faced the trial on the charge under section 302/34 of the Indian Penal Code for committing murder of Sahdev Rai, under section 307/34 of the Indian Penal Code for attempting to cause murder of wife of the deceased and under section 449/34 of the Indian Penal Code for house trespass in order to commit an offence punishable with death.

(3.) According to the prosecution, the incident has happened in the midnight of 16/17.09.2008. At that time Sahdev Rai was sleeping with his wife and minor daughters in a newly constructed house. The informant who is son of Sahdev Rai has stated in his written report that he has two houses in the village. On the day of the occurrence his father, mother and younger sisters, namely, Anju Kumari and Ranju Kumari were sleeping in the newly constructed house and he was in the old house. After the midnight, at about 2:00 a.m., Anju Kumari came to the old house and informed him that few persons entered their house and assaulted their parents. He brought his parents to the Referral Hospital, Raj Dhanwar for treatment, however, his father died at 3:30 a.m. and his mother was shifted to RIMS, Ranchi for further treatment. The informant has asserted that his mother has told him that Shambhu Rai and Jhandu Chaudhary along with some unknown persons have assaulted them on account of an old land dispute.