GANDUR SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction dated 27.09.2003 and order of sentence dated 29.09.2003 passed by the learned Additional Sessions Judge, Fast Track Court No. I, Gumla in Sessions Trial No. 57 of 2002, convicting the appellant under Sections 302 and 307, IPC and sentencing him to undergo R.I. for life under Section 302, IPC and R.I. for seven years under Section 307, IPC. However, both the sentences were directed to run concurrently.

(2.) The prosecution case in short is that the informant-Salma Khatoon (PW 8) in her fardbeyan recorded on 13.12.2000 at about 8.30 p.m., stated that in the evening of the same day when her husband (deceased) was in his courtyard and she was in the house of her son Kamruddin, the appellant came and started taking away the bicycle kept in the courtyard of the house. The deceased told him that he has kept the bicycle in mortgage for Rs. 250/- from his brother and if he wants to take away the blcycle, he should give the said amount to him An altercation followed thereafter been them. The appellant asked why he will take his mortgaged bicycle. Meanwhile, the appellant assaulted the deceased with iron Dawli, due to which the deceased fell down. On bulla, the informant came there and tried to save her husband. The appellant also assaulted her with Dawli causing bleeding injury on her left palm and forehead. On hulla, the appellant fled away. The villagers took them to hospital for treatment, but her husband died in the way. Later on, the informant came to know that the appellant also assaulted Dukhan Mian(PW 7) with Dawli causing injury on his left ear. He also got medical treatment.

(3.) Mr. Zaid Ahmad, learned counsel appearing for the appellant, assailed the impugned judgment of conviction and sentence on the various grounds.