LAKHINDRA SABAR @ KEKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties finally on merits.

(2.) This appeal arises out of the judgment of conviction dated 04/02/2011 and order of sentence dated 09/02/201], passed by the Additional Sessions Judge, Ghatsila in Sessions Trial No. 77 of 2008 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life. The appellant was also sentenced to pay fine of Rs. 5,000/- and in default of payment, he was directed to undergo simple imprisonment for six months.

(3.) The prosecution case in short is that on 25.09.2007 the informant, Deepak Sabar (P.W. 7) informed at about 8 P.M. that his grand mother Mugoli Sabar (mother of the appellant) was malting preparation for cooking food. In the meantime, the appellant came to the house from outside and started demanding money from her for visiting 'Indira Mela', which was refused by the deceased. Thereafter, the appellant started quarreling with the deceased. The deceased came out of the room. The appellant dragged her by holding her hand from the verandah of the nouse. The appellant took the axe, which was kept at the verandah and assaulted the deceased on the right side of her head near the ear from the back side of the axe, as a result of which, she fell down and became unconscious.