GAINA MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 01.08.2003 and order of sentence dated 04.08.2003 passed by 1st Additional Sessions Judge, Pakur in Sessions Case No. 102 of 1999, whereby and whereunder appellant has been convicted for the offence under Section 302 of the I.P.C. for committing murder of Noni Sarkar @ Noni Rajbanshi and Sikanto Sarkar @ Srikanto Sarkar and sentenced to undergo imprisonment for life. The court below also directed appellant to pay fine of Rs. 2,000/- and in the event of non-payment of fine undergo simple imprisonment for six months.

(2.) The case of prosecution in brief as per the fardbeyan of deceased Sikanto Sarkar is that on 05.11.1998 at 6:30 p.m. he and his father Noni Sarkar were present on their omlett shop, at that time itself appellant Gaina Murmu, Mustakin Som Tudu, Moral Marandi, Raska Marandi, Sam Hansda came at their shop. Gaina Murmu ordered for preparing omlett. It is alleged that informant prepared omlett and gave it to the accused persons. Thereafter, some altercation took place between Gaina Murmu and informant's father Noni Sarkar regarding mixing of less quantity of onion in the omlett. Thereafter, Gaina Murmu gave a knife blow on the back of informant's father due to that he fell on the ground and started writhing. It is stated that later on informant's father died on the spot. It is further alleged that when informant went in rescue of his father, Gaina Murmu gave a knife blow on his neck and injured him. It is further stated that in course of occurrence informant's brother and maternal uncle arrived at the place of occurrence and they took him to hospital for treatment, where his fardbeyan recorded by the police.

(3.) On the basis of aforesaid fardbeyan, Pakur (Muffasil) P.S. Case No. 240 of 1998 dated 06.11.1998 registered under Sections 447, 324, 326, 307, 302/34 of the I.P.C. and police took up investigation. In course of investigation, police prepared Inquest Report of deceased Noni Sarkar. Thereafter, sent his dead body for postmortem examination. It appears that the Doctor, who was attending informant Sikanto Sarkar, had referred him to Calcutta for better treatment. Thereafter, family members of informant took him to Calcutta, where he died in course of treatment on 05.12.1998 in Calcutta National Medical College and Hospital. It appears that after completing the investigation, police submitted charge sheet against the appellant and other accused persons named in the first information report under Sections 302/34 of the I.P.C. Accordingly, cognizance of the offences taken by the learned Judicial Magistrate. It appears that the learned Judicial Magistrate committed the case to the court of Sessions, as the offence under Section 302 of the I.P.C. is exclusively triable by a court of Sessions.