HARENDRA SHUKLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Appellant, on being found guilty for committing murder of one Baijnath Bhuian, was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment of life and to pay a fine of Rs. 5,000/- and further a simple imprisonment for three months in default of payment of fine.

(2.) The case of the prosecution is that on 19.11.1987 while one Sarita Devi was plucking Sag in a field in the evening, the Appellant came over there and caught hold of her hand and started taking her away forcibly. On seeing this, the deceased-Baijnath Bhuian raised an objection over his misdeed which caused annoyance to the Appellant and hence, he held out a threat to the deceased of dire consequence and left that place.

(3.) The Investigating Officer after holding inquest on the dead body, sent it for postmortem examination, which was conducted by Dr. Bishwanath Ojha (P.W.7), who on holding postmortem examination found the following injuries: