TIRU BIRHOR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal, filed under Ss. 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction dtd. 29/7/2015 and order of sentence dtd. 4/8/2015 passed by the learned Additional Sessions Judge, Simdega in Sessions Trial Case No.45 of 2012, whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000.00 and in case of default of payment of fine, he has further been directed to undergo simple imprisonment for four months and 60 % of the fine deposited will go to the informant namely, Jatri Birhor, and all the sentences awarded to them shall run concurrently.

(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per fardbeyan of informant, which reads as under:

(3.) As per the fardbeyan of the informant-Jatri Birhor, wife of late Urha Birhor that on 17/10/2011 at about 10.00 O' Clock night, her husband, namely, Urha Birhor, (the deceased) after taking dinner was arguing with his cousin brother, namely, Tiru Birhor, (the appellant herein) outside of her house and in course of arguing, the matter was aggravated and at that time, she was in her courtyard. After hearing noise at her door, she came out and saw that the accused assaulted her husband from sharp side of tangi on his head, due to which her husband fell down and thereafter, accused assaulted her husband on his back and shoulder. Upon which, her husband sustained injury and blood started flowing from his head and as such, he died. Thereafter, she raised alarm and on raising alarm, nearby people came there but before their arrival, the accused along with tangi had fled away towards the forest.