JOSPAT JOJO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Nalini Jha, learned counsel appearing on behalf of the appellant and Mr. Saket Kumar learned A.P.P. appearing on behalf of the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 30/7/2015, (sentence passed on 6/8/2015), passed by Sri Ram Babu Gupta, learned Additional Sessions Judge, Simdega, in connection with S.T. No. 30/2010 arising out of Jaldega (Orga) P.S. Case No. 35 of 2009, Corresponding to G.R. No. 305 of 2009, holding the appellant Jospat Jojo guilty of offences under Sec. 302, 324 and 307 of the Indian Penal Code and thereby sentencing him to undergo imprisonment for life along with fine of Rs.5,000.00 for the offence under Sec. 302 of the Indian Penal Code, in default of payment of fine, he was further directed to undergo simple imprisonment for four months. The appellant was further sentenced to undergo rigorous imprisonment for ten years along with fine of Rs.5,000.00 for the offence under Sec. 307 of the Indian Penal Code, in default of payment of fine, he was further directed to undergo simple imprisonment for four months. The learned Additional Sessions Judge, Simdega, also sentenced the appellant to undergo R.I. for a period of three years along with fine of Rs.2,000.00 for the offence under Sec. 324 of the Indian Penal Code and in default of payment of fine he was further directed to undergo simple imprisonment for one month. 60 % of the total fine amount was ordered to be paid to the wife of the deceased, whereas 20 % each of the fine amount was ordered to be handed over to injured Pratima Surin and Chiristina Surin. All the sentences were ordered to run concurrently.

(3.) The prosecution case, in brief is that on 20/10/2009 at about 12:00 noon, the informant, namely, Jusphina Samad had gone to the house of her cousin, Augustus Surin at village Tati Bera Toli. While there, on 21/10/2009 at about 06:00 A.M., the appellant, namely, Jospat Jojo came there and assualted Pratima Surin and Chiristina Surin by an axe causing injuries on their person. When Gabrial Samad tried to intervene, the appellant inflicted axe blows on his head due to which he succumbed to his injuries and died at the spot.