PAPPU RABIDAS Vs. STATE JHARKHAND

JUDGEMENT

(1.) The instant appeal, filed under Sec. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dtd. 20/4/2015 and order of sentence dtd. 21/4/2015 passed by learned District and Additional Sessions Judge-V, Giridih in Sessions Trial No. 375 of 2010, by which the appellant has been convicted for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life and also for payment of fine of Rs.5000.00 and in case of default of payment of fine further to undergo R.I. for two years.

(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 institution of prosecution case, as per fardbeyan of informant, which reads as under:

(3.) The informant Renu Devi gave written report to officer in-charge, Muffasil P.S., Giridih stating therein that her husband Gulab Mandal and one Pappu Das were running the business of brick in partnership for which her husband and father-in-law had given rupees one Lakh (Rs.1,00,000.00) to Pappu Das and it was agreed that in the brick kiln they will invest the money and work will be done by Pappu Das. While running the business rupees thirty thousand (Rs.30,000.00) became due upon Pappu Das and on demand of money, Pappu Das used to threaten to kill them. It has further been stated that on 24/6/2010 at about 7 a.m. morning her husband was called for by Pappu Das, Mahru Das @ Atwari Das and Madhusudan Gupta and thereafter they went somewhere. At about 11.00 o'clock her Dewar (brother-in-law) Manoj Kumar Mandal asked about her husband whereupon the informant said that he went along with Pappu Das and Madhusudan Das towards Nichelakhari. Thereafter, she along with Manoj Kumar Mandal and son-Pankaj Kumar went towards Nichelakhari and when they were about 100 Gaj (yard) to Brick Kiln, they saw that Pappu Das was stabbing her husband in his stomach and Maksudan Gupta and Somar Das and wife of Pappu were assaulting her husband by brick and stone. When they ran towards the place of occurrence the assailants also ran to attack them by means of knife, brick and stone but anyhow the informant party saved their life and reached their house. In the meantime, the matter came to the knowledge of police who reached at the place of occurrence.