GOPAL RAUT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal arises out of judgment of conviction dated 16.12.2002 and the order of sentence 17.12.2002 passed by learned Sessions Judge, Deoghar in S.T. No. 243 of 2000 by which, the appellant was convicted under Section 302 and 323 of the Indian Penal Code and sentenced to undergo R.I. for life and a fine of Rs. 20,000/- for the offence under Section 302 IPC. If the fine was not paid, sentence of R.I. for a further period of two years was imposed. A further sentence of 3 months of R.I. was imposed against the appellant for the offence under Section 323 IPC. Both the sentences were to run concurrently.

(3.) The prosecution case, in short, is that the informant, Sanjay Kumar Sah, P.W.-6 lodged a Fard beyan on 11.7.1999 at about 7:00 p.m. stating that his maternal uncle Ramesh Kumar Sah (the deceased) working as an agent in District Transport Office, Deoghar, was going with the informant for realising money from the parties. When they reached the market, the deceased stopped his scooter and asked the informant to bring the money from one Santosh Maheshwari (P.W.-4) whereupon, the informant went to the shop of Santosh Maheshwari. When he was returning at about 8:00 p.m. he saw the appellant abusing the deceased saying that he would kill him. One Dilip Rout and Pappu Yadav were also there and they were also abusing the deceased with filthy language and were provoking the appellant to kill the deceased. The appellant assaulted the deceased with iron rod on the middle of his head and neck, due to which, the deceased fell down. The appellant also assaulted the informant by iron rod. On alarm, Mukesh Kumar (younger brother of the deceased, P.W.-2) and other persons started assembling there. On seeing them, the appellant and other persons fled away. The deceased had bleeding injury on his head and he became unconscious. He was taken to Sadar Hospital, where he died during the treatment. It was alleged that there was enmity between the appellant and the deceased and the appellant used to threat the deceased with dire consequences. Dilip Raut and Pappu Yadav have been acquitted by the trial court.