BABUSAR BESRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 18.12.2002 and 19.12.2002 respectively, passed by learned 3rd Additional District and Sessions Judge, Dumka in Sessions Case Nos. 40 of 2001/78 of 2001 corresponding to Masalia Togra P.S. Case No. 66/1999 whereby the appellant has been held guilty for the offence punishable under Section 304 Part-II of the Indian Penal Code and sentenced to undergo R.I. for a period of three years.

(2.) The prosecution case, as it appears from the Fardbayan of Ruplal Kisku (P.W. 1) is that on 22.11.1999, exchange of hot words took place between the informant and the appellant Babusar Besra on the point of time consumed for construction of house of Bhim Murmu. It is alleged that Shivdhan Kisku (father of the informant) appeared at the scene of occurrence after hearing 'hulla'. When the deceased raised objection against the noise created, the appellant took out an iron rod and inflicted blow on the head of Shivdhan Kisku, who succumbed to the injuries.

(3.) After the case was registered, the investigation proceeded ahead and after completion of the investigation, charge-sheet under Section 302 of the Indian Penal Code was submitted against the sole appellant Babusar Besra. The prosecution, in order to substantiate the charge, had examined altogether 10 (ten) witnesses and proved documents as per list of Exhibit.