JAIRAM BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been Filed against the judgment dated 19/03/2002 and order of conviction dated 20/03/2002, passed by the Sessions Judge, Gumla in Sessions Trial No. 79 of 2001 convicting the appellant No. 1, Jairam Baraik under Sections 302 and 201 of the I.P.C. and sentencing him to undergo R.I. for life for the offence under Section 302 I.P.C. and four years for the offence under Section 201 I.P.C. and the appellant No. 2, Aghnu Sahu has been convicted for the offence under Section 201 I.P.C. and has been sentenced to undergo Imprisonment for four years. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case in short is that Mini Devi (P.W. 2) gave her statement on Wednesday at about 8:30 A.M. Before the Police that on Tuesday, her cousin brother-in-law (chachera dewar), Jairam, appellant No. 1 came to her house and took her husband, namely, Pati Baraik for drinking "Maria" (country made liquor). When her husband did not return, after one hour, she went to the house of appellant No. 1, where appellant No. 1 was not present, but his wife was there, who replied that at about 8 P.M., there was hot exchange of words between both the brothers and during that period, the appellant No. 1 committed murder of Pati Baraik by cutting his head and neck with "Tangi". She went inside the house and saw the dead body of her husband wet with blood. At that time, the neighbourers have slept, therefore, she remained in the house in the night and came to the Police Station in the morning.

(3.) Mr. A. K. Kashyap, learned senior counsel appearing for the appellants submitted that the prosecution has not proved its case beyond all reasonable doubts. He also submitted that in any event, appellant No. 1 has remained in jail for about 11 years.