SIRAJUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 18.07.2003 and order of sentence dated 26.07.2003 passed by the learned Additional Sessions Judge-III, Rajmahal in Sessions Case No. 202/01/Sessions Trial No. 11/02, convicting the appellant under Sections 302, IPC and sentencing him to undergo R.I. for life and to pay fine of Rs.2,000/- and in default, to undergo three months imprisonment.

(2.) The prosecution case in short is that the informant-Kuddus Ansari (PW 8) gave fardbeyan on 05.05.2000 at about 4.15 p.m. to the effect that when his son Jamaluddin (deceased) along with the appellant-Sirajuddin Ansari, Mumtaz Ansari (PW 11), Salimuddin (PW 3) Lekhan (PW 7), Munshi (PW 8) and other labourers were taking rest under the tree after taking meal on completion of menial work in the first half, the appellant suddenly assaulted the deceased by spade (Kudal) on his neck, as a result of which he died on the spot. The other labourers tried to apprehend him, but he fled away throwing 'Kudal' The villagers also assembled and chased him and ultimately, he was apprehended in his house and he was handed over to the village chowkidar who brought him to the police station. The cause of incident was that on the preceding day, there was dispute between the appellant and the deceased regarding the payment of toddy taken by them.

(3.) Mr. A.B. Mahato, learned amicus curiae appearing for the appellant, assailed the impugned judgment on various grounds. He submitted that nobody has seen the actual assault on the deceased and there are vital contradictions in the evidences specially with regard to the place from where the appellant was apprehended. He lastly submitted that at best the appellant could have been convicted under Section 304, IPC.