KRISHNA GHASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has been convicted and sentenced to RI for life with a fine of Rs. 5,000/- under section 302 of the Indian Penal Code.

(2.) A First Information Report was lodged on 31.10.2008 against Krishna Ghasi for the offences under sections 341,325 and 307 of the Indian Penal Code. Jairam Ghasi who is the informant of this case gave his fardbeyan at about 17:30 hrs. on 31.10.2008 at Primary Health Centre, Mahuadanr alleging murderous assault by Krishna Ghasi on his brother Ugen Ghasi. The injured remained under treatment for 12 days but could not survive and died on 12.11.2008 and accordingly the offence under section 302 of the Indian Penal Code was added in the Report. On completion of the investigation in Mahuadanr PS Case No. 44 of 2008 a charge-sheet was laid against Krishna Ghasi under section 302 of the Indian Penal Code for causing death of Ugen Ghasi.

(3.) During trial the prosecution has examined eight witnesses out of which PW1-Munnu Ghasi, PW2-Sukhdeo Kawar and PW7-Jairam Ghasi who is the informant claimed in the Court that they had seen Krishna Ghasi assaulting Ugen Ghasi on his head with a tangi. PW8-Ram Pravesh Sharma is the police witness who brought the material object in the Court and PW5-Bijendra Kumar Singh is the investigating officer of the case.