GANESH CHIK BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and sentence passed on 12.02.2002 and 13.02.2002 respectively, by the Additional Sessions judge, Gumla in Sessions Case no. 26/1999, convicting the appellant for committing the offence under section 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life for causing death of Bhokha Chik Baraik and Budhani Devi. The prosecution case in short, is that Lahru Chik Baraik the informant (P.W. 7) gave a fardbeyan on 22.10.98 at about 10.30 in the day that when he woke up at about 3 a.m. in the morning for attending call of nature, his wife P.W. 6 Bimla Devi told him that at about 9 p.m. on 21.10.98 the appellant has killed his uncle Bhokha Chik Baraik and aunty Budhani Devi.

(2.) Mr. Amitabh Tiwari, learned counsel appearing for the appellant assailed the impugned judgment on various grounds. He submitted that, it will not safe to uphold the conviction only on the evidence of a child witness-P.W. 3; and, that admittedly, there was quarrel between the appellant and the deceased, before the alleged occurrence, and therefore, the appellant can be convicted u/s 304 of the Indian Penal Code.

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