SUKHU SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arun Kumar, learned counsel for the appellant and Mr. Saket Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 13/6/2016 and order of sentence dtd. 15/6/2016 passed by Sri Pradeep Kumar Srivastava, learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 192 of 2009, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302 of the IPC and has been sentenced to undergo imprisonment for life along with a fine of Rs.10,000.00 and in default in payment of fine to further undergo R.I. for one year.

(3.) The fardbeyan of Singrai Bodra was recorded on 27/5/2009 to the effect that on 26/5/2009 his elder brother Fagu Bodra had gone to village Kerabir to watch Ashari Mela and Chhau dance and at 3:00 P.M, information was received that Fagu Bodra has been murdered. At this information, he left for village Kerabir alone and reached there at 5:00 P.M. On reaching village Kerabir he saw his brother lying on the ground at a distance of 100 yards from the house of the village Munda Chamu Sardar. His brother was found to be dead. He returned back home and on the next day he went to village Kerabir with his sister-in-law and 20-25 persons. The Police officials on getting such information had reached the place of occurrence at 1:00 P.M. It has been alleged that today i.e. on 27/5/2009 information was received from the village Munda and other villagers that Fagu Bodra has been murdered by Sukhu Sardar (appellant) and Kande Hembrom. It has been alleged that about one month back a quarrel had taken place between his deceased brother and the suspected persons. He does not know the reason for the quarrel. Based on the aforesaid allegations Sonua P.S. Case No. 17/2009 was instituted against Sukhu Sardar and Kande Hembrom for the offence punishable u/s 302 of the I.P.C. On completion of investigation charge-sheet was submitted against both the accused persons and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 192 of 2009. Charge was framed against Sukhu Sardar for the offence punishable u/s 302 of the I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. The trial against the accused Kande Hembrom was dropped since he had died.