DAMU MAHARANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dtd. 18/2/2009 and the order of sentence dtd. 19/2/2009 passed by the learned Sessions Judge, West Singhbhum at Chaibasa in S.T. No. 99 of 2008 arising out of Manjhari P.S. Case No. 51 of 2007 ( G.R. No. 650 of 2007) whereby and whereunder appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo RI for life and a fine of Rs.20,000.00, in default to undergo further simple imprisonment of two years.

(2.) The case of the prosecution, in brief, as per the fardbeyan dtd. 14/12/2007 of the informant PW-2 Moli Maharana is that on 13/12/2007 at about 7:00 pm informant's husband Chinta Maharana, who is appellant's father also, was lying in his house on a cot, when the appellant Damu Maharana, came there and he demanded the newly purchased blanket, whereupon his father, Chinta Maharana, told him that he had purchased the blanket for his younger son and he refused to give him the blanket. Thereafter, there was a quarrel between the father and son for the blanket, and in the meantime appellant Damu Maharana, took danda from the house and started assaulting his father as a result Chinta Maharana sustained injuries on the head and he fell down. Informant, came to the rescue of her husband, but she was pushed away by the appellant and he continued assaulting the deceased due to which the deceased died in the courtyard itself and the appellant fled away. Thereafter, the daughter of the deceased, Sita Maharana came and both mother and daughter put the dead body on the cot. Informant further stated that due to night she could not inform anybody and on the next morning, village Munda was informed.

(3.) On the basis of the fardbeyan of the informant Manjhari P.S. Case No. 51 of 2007 dtd. 14/12/2007 was registered under Sec. 302 of IPC against the appellant. After investigation charge sheet was submitted and cognizance of the offence was taken and the case was committed to the court of sessions. Charge was framed under Sec. 302 IPC against the appellant and trial was held. At the conclusion of trial appellant was convicted and sentenced as aforesaid, hence, this appeal.