MANGAL TOPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Bakshi Vibha, learned counsel for the appellant and Mr. Bhola Nath Ojha, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 5/12/2013 (sentence passed on 9/12/2013) passed by Sri Vidhan Chandra Choudhary, learned Judicial Commissioner-II, Khunti in Sessions Trial No. 203/2010, whereby and whereunder the appellant has been convicted for the offence u/s 302 of the IPC and has been sentenced to undergo imprisonment for life along with a fine of Rs.10,000.00.

(3.) The fardbeyan of Nimunti Topno was recorded on 10/2/2010 at 12:15 P.M., in which, it has been stated that on 9/2/2010 her husband had brought pork and had distributed it amongst his friends. He had given a small quantity of pork to his brother Mangal Topno (appellant), at which Mangal Topno became furious and started assaulting her husband for giving him little quantity of pork. When the husband of the informant protested Mangal Topno with an axe had all of a sudden committed assault upon him on his head as a result of which her husband fell down on the earth. In the meantime, Sanjay Topno of the same village instigated Mangal Topno to commit the murder of her husband and Sanjay Topno had also rained some Lathi blows upon him. It has also been alleged that Mangal Topno assaulted the husband of the informant a few more times and when she intervened she was pushed by him. Based on the aforesaid allegations Rania P.S. Case No. 3/2010 was instituted for the offence punishable u/s 302/34 of the IPC against Mangal Topno and Sanjay Topno. On conclusion of investigation charge-sheet was submitted u/s 302/34 of the IPC against both the accused persons and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 203/2010. Charge was framed against the accused persons u/s 302/34 of the IPC which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.