TIPU YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.04.2001 passed by the learned 1st Additional Sessions Judge, Gumla in Sessions Trial No. 95 of 1989 convicting the appellant under section 302 IPC and sentencing him to undergo R.I. for life.

(2.) The prosecution case in short is that the informant- Bandain Devi (PW-1) gave a fardbeyan on 2nd February 1989 at about 6.30 PM stating therein that when she was taking water from the hand-pump situated near her house, she heard noise of quarrel between her husband-Nand Kishore Choudhary (deceased) and her mother-in-law-Manwa Devi. Her husband was telling his mother that she parts with her entire rice to her son-in-law (Damad)-the appellant who was residing with her. In the meantime, the accused suddenly appeared with a tangi and assaulted the deceased on his neck and head, as a result of which, he died at the spot. The occurrence was witnessed by several witnesses including PWs 2 and 5, who have been declared hostile.

(3.) Mr. A.K. Chaturvedi, learned counsel appearing for the appellant, submitted that at best, the appellant could have been convicted under section 304 part-II IPC. He further submitted that the appellant has remained in jail for about 11 years.