KAMU KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment of conviction and sentence of the appellants dtd. 12/4/2018/18/4/2018 passed by the learned Additional Sessions Judge, Deoghar in Session Case No.333 of 2012 arising out of Sarath P.S. Case No.66 of 2012 (hereinafter called the impugned judgment), whereby and whereunder the appellant No.1 has been held guilty for the offence under Sec. 302 of Indian Penal Code and sentenced to undergo rigors imprisonment for life along with fine of Rs.10,000.00 with default stipulation. The appellant Nos.2 to 4 namely Sunil Kisku, Diwakar Kisku and Ramdhani Soren have been held guilty for the offence under Sec. 307 of Indian Penal Code and sentenced to undergo rigors imprisonment of 7 years along with fine of Rs.5,000.00 each with default stipulation.

(2.) Factual matrix giving rise to this appeal is based upon fardbayan of one Gobardhan Kisku recorded by A.S.I. namely Narendra Kumar of Sarath Police Station dtd. 10/5/2012 at about 11:00 hours at P.S.C. Sarath, stating inter alia that on 10/5/2012 at about 9:00 AM, while the informant was irrigating vegetables in his field, meanwhile, he received information from his nephew that Kamu Kisku, Sunil Kisku, Diwakar Kisku are demolishing his house. The Informant rushed to his home along with his brother Ramesh Kisku(since deceased) and protested against the illegal demolition of the house, but the accused persons were armed with swords, farsas, lathis and dandas started assaulting and abusing them with intention to kill. It is further alleged that Kamu Kisku gave a sword blow on the head of Ramesh Kisku, who got severe head injury and was referred to RIMS, Ranchi for better treatment, where he ultimately died and other family members of the informant have also sustained injuries through deadly weapons.

(3.) Charges were framed against all the accused persons for the offences under Sec. 447, 323, 326, 307, 504 and 302 read with Sec. 34 of Indian Penal Code to which they pleaded not guilty and claimed to be tried.