SURENDRA BHUIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court This appeal has been filed against tthe judgment of conviction and order of sentence dated 07.07.2003 passed by Sri Bhawesh Chandra Jha, 3rd Additional Sessions Judge, Palamau at Daltonganji in Sessions Trial No. 393 of 2001 convicting the appellant under Section 302 of I.P.C. and sentencing him to under R. I. for life and to pay a fine of Rs. 10,000/- and in default of payment to undergo imprisonment for two years.

(2.) The prosecution case in short is that on 17.12.2000, the Officer-in-Charge recorded fard beyan of Kalpatiya Devi (P.W. 1) wife of Gopi Bhuian (deceased) at her house at 13:00 hours to the effect that on 16.12.2000 at about 7:00 P.M. while she was in her courtyard along with her husband Gopi Bhuian and youngest daughter Laali Kumari (P.W. 2), all of a sudden accused person armed with pistol came there and fired at her husband and fled away. On hearing sound of firing, the son-in-law Girija Bhuian (P.W. 10), daughter Motia (P.W. 9) and Manjit came from inside the house, but by that time the deceased who was lying in the pool of blood died. On alarm, the persons of nearby place arrived there. It is further alleged that due to land dispute, the husband of the informant was killed.

(3.) Mr. P. K. Nayak, learned counsel appearing for the appellant assailed the impugned judgment on various grounds. He submitted that the appellant has been acquitted from the charges under the Arms Act and moreover no bullet or pillet was found inside the body of the deceased; and that there was only one injury on the deceased; and that the informant said in her chief that the occurrence took place in the morning whereas in the F.I.R. she said that it took place in the evening. He further submitted that in the statement of the appellant under Section 313 of Cr.P.C., his defence version was not recorded.