SUNDER BARAIK @ SASADHAR BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the applicant is not pressing this Interlocutory Application. Hence, this Interlocutory Application is disposed of as not pressed.

(2.) Present appeal has been preferred by the appellant accused Sundar Baraik @ Sasodhar Baraik against the judgment and order of conviction and sentence dated 13th August, 2003, passed by the 10th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 283 of 2002, whereby the appellant accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) It is a case of the prosecution that on 14th November, 2001, at about 2 P.M., when the informant Jhaiyo Devi (P.W. 5) was at Bero Bazar, her daughter (P.W. 6) informed her that her Mama (maternal uncle of P.W. 6) Sundar Baraik @ Sasodhar Baraik, who is the accused-appellant, has cut the neck of her father, namely Harakh Baraik by Tangi. The informant (P.W. 5) immediately rushed to her house along with her daughter (P.W. 6) and there she found her husband lying in a critically injured condition but was still breathing. With the help of the villagers the informant took her husband on a 'Thela' and rushed for medical aid, but her husband Harakh Baraik expired on the way.