BADRI BHUIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 6.8.2004 and 9.8.2004 respectively passed "by learned Sessions Judge, Chatra in Sessions Trial No. 324 of 2001 /06 of 2001, convicting the appellants under Section 302/34 I.P.C. and sentencing them to undergo rigorous imprisonment for life. The prosecution case in short is that Sunita Devi (P.W. 8) lodged her fardbeyan at 11.20 hours along with P.W. 1 that on the previous day i.e. on 11.1.2001 at about 12 hours when her husband Ramji Bhuian (deceased) told his father- appellant No. 1 for partition/ the appellant No. 2- her Bhaisur started abusing her husband and then there was hot exchange of words during which appellant No. 2 Arjun Bhuian assaulted her husband with Lathi. Appellant No. 1 also started beating her husband due to which he fell and became unconscious. Then, the appellant No. 2 said while abusing in filthy languages that if her husband asked for partition, he will be killed. In the evening the condition of her husband deteriorated and ultimately he died.

(2.) Counsel for the appellant submitted that so far as appellant No. 1 is concerned he is said to have assaulted the deceased by Lathi on his batik, but no injury was found by the Doctor on his back. Moreover, the appellant No. 1 must be aged about 72-73 years by now. So far as appellant No. 2 is concerned at best his conviction may be converted from Section 302 IPC. to Section 304 I.P.C.

(3.) On the other hand, learned counsel, appearing for the State, supported the impugned judgment.