SUMIT KUMAR UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Adityapur (RIT) P.S Case No. 12 of 2003 was lodged on 10/1/2003 against Chhotu, Suchit and Chandu under Sec. 302/34 of the Penal Code, 1860 (in short, IPC).

(2.) In his fardbeyan which was recorded on 10/1/2003 around 18 : 00 PM at Tata Main Hospital, Ward No. 2B, Bed No. 4, Mantu Jha has stated that in the afternoon at about 14 : 00 PM he left home for duty and at 14 : 20 PM when he reached Road No. 14 on RIT Main Road, he saw his nephew Pankaj Jha coming from Road No. 16. He was bringing his niece Simi from school and when he reached at the crossing of Road No. 10 and Road No. 11, Chhotu, Suchit and Chandu waylaid and assaulted him. Chhotu gave him a fist blow, Chandu assaulted with danda and Suchit struck a sharp pointed iron rod into his chest and then fled away through the by-lane between Road No. 10 and Road No. 11. Pankaj Jha somehow drove away towards home on the motorcycle. The informant has also ran towards his house and when he reached there found him fallen unconscious at the door of his house. With the help of Baikunth Choudhary, Dubey Jee and Singh Jee he has brought him at Tata Main Hospital (TMH) but after about half an hour he succumbed to the injury. After the investigation a charge-sheet was submitted against Pawan Kumar Sharma @ Barka, Rajendra Kumar Swarnkar @ Raj Kumar @ Pintu and Sumit Kumar Upadhyay, the appellant, and they have faced the trial on the charge under Sec. 302/34 IPC. During the trial the prosecution has examined nine witnesses to prove the charge under Sec. 302/34 IPC framed against them. Dr. Lalan Choudhary who has conducted autopsy over the dead-body of Pankaj Jha has found one penetrating wound with abdominal cavity over the left lower part of the chest.

(3.) The learned 1 Additional Session Judge, Seraikella-Kharsawan has held that the statement of Pankaj Jha before his sister and mother is the dying declaration and non-examination of Simi and the Investigating Officer has not caused prejudice to the accused. The involvement of Rajendra Kumar Swarnkar and Pawan Kumar Sharma was not established in the trial, however, the learned trial Judge has found that the charge against Sumit Kumar Upadhyay for causing death of Pankaj Jha has been proved by the prosecution. Accordingly, the appellant has been convicted and sentenced to R.I for life and a fine of Rs.5,000.00 under Sec. 302/34 IPC.