SAHADEO MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 13.10.2003 and 14.10.2003 respectively passed by Additional District and Sessions Judge, Fast Track Court No. 1, Jamshedpur, East Singhbhum, whereby and where under, he convicted the appellant under section 302 of the Indian Penal Code for committing murder of Budhni Devi and sentenced him to under go imprisonment for life and further directed him to pay fine of Rs. 5,000/-. In case of default of payment of fine, he further directed that appellant should undergo R.I. for a period of three months.

(2.) The case of prosecution, in brief, as per Fardbeyan of informant (P.W. 3) is that in the night of 05.03.1999, he was sleeping in his room, whereas his step mother Budhni Devi (deceased) was sleeping in another room. He further stated that at that time his father, Sahadeo Manjhi had gone to village Jehratoli for some urgent work. It is further stated that his father returned at about 12 O'clock in the night and knocked the door. It is stated that when deceased delayed in opening the door, the appellant became furious and started abusing her. Whereupon deceased forbade him from abusing, then appellant assaulted her with lathi due to that she received injuries on her back, both hands and both legs and fell down on the ground and started writhing. Due to assault deceased received fracture injury on her thigh. It is stated that after some time she died. It is then stated that after hearing hulla, persons residing in the vicinity arrived and witnessed the occurrence.

(3.) On the basis of aforesaid statement, Mango P.S. case No. 229 of 1999 under section 302 of the Indian Penal Code instituted and police took up investigation. It appears that during investigation, police prepared inquest report of the dead body. Thereafter, sent the same for postmortem examination. It further appears that Investigating Officer has seized some articles from the place of occurrence and prepared seizure list. After completing investigation, police submitted charge-sheet against the appellant under section 302 of the Indian Penal Code. It then appears that cognizance of the offence was taken by learned C.J.M. Thereafter, case committed to the court of Sessions, as the offence under section 302 of the Indian Penal Code is exclusively triable by a court of Sessions.