BADAM SINGH 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. 9/12/2016 and order of sentence dtd. 14/12/2016 passed by the learned District and Additional Sessions Judge-XIII, Hazaribag in Sessions Trial Case No.577 of 2011, 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 with fine of Rs.10,000.00 and in case of default of payment of fine, he has to further undergo imprisonment for three months.

(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-Etwari Ageriya, recorded on 2/9/2011 by the Sub Inspector, S.K. Pathak of Padma O.P., Barhi P.S. alleged that on 2/9/2011, when the informant was coming from his house and reached at four-mile base Camp, he saw the truck stopping on the National Highway No.33 and heard alarm of a driver. The nearby people gathered there and saw that one person having knife in his hand was assaulting the driver. The person was caught hold by the people present there who on enquiry, disclosed his name as Badam Singh, the appellant herein.