STATE OF JHARKHAND Vs. MADRAS NAYAK

JUDGEMENT

(1.) DEATH Reference No. 2 of 2002 under section 366 Cr.P.C. and Criminal Appeal aforesaid preferred by the appellant named above arise from the impugned judgment dated 11.9.2002 passed in S.T. No. 501 of 19961 T.R. No. 19 of 2002 by Sri Vijay Narayan Singh, Addl. Judicial Commissioner, Fast Track Court, Ranchi, whereby and whereunder appellant has been found guilty for the offence punishable under sections 302 and 307 I.P.C. and he was sentenced to death for the offence under section 302 I.P.C. The appellant was also sentenced to undergo imprisonment for life for the offence under section 307 LP.C. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of Fardbeyan (Ext. 11) of P.W. 10. Dhirja Nayak, one of the injured in this case, recorded by A.S.L, O.R. Trivedi. Ole: Lapung P.S. on 2.3.1996 at 22.15 hours in Village Karum regarding the occurrence which is said to have taken place between 5.30 P.M. and 6.15 P.M. in Village Karum P.S. Lapung, District Ranchi. The case was instituted as per the formal F.I.R (Ext.10) on 3.3.1996 at 12.30 hours on the basis of the Fardbeyan aforesaid and the formal F.I.R. along with Fardbeyan was received in the court of C.J.M., Ranchi on 4.3.1996.

(3.) THE appellant has pleaded not guilty to the charges levelled against him and he claimed himself to be innocent and to have committed no offence. It has also been contended, inter alia, that the appellant was insane at the time of the occurrence and, as such, nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law as per the provisions contained under section 84 of the Indian Penal Code.