SOMA BAS MAHALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction and order of sentence dtd. 28/11/1996 passed by the learned 1st Additional Judicial Commissioner, Khunti in Sessions Trial No.645/1994, whereby and whereunder, the appellants have been convicted for the offence punishable under Ss. 302 and 149 of the Indian Penal Code and Appellant namely, Marki Bas Mahali @ Marki Bans Mahali, further convicted under Sec. 323 of the Indian Penal Code and all the appellants have been sentenced to undergo R.I. for life for the offence punishable under Ss. 302 /149 of the Indian Penal Code and appellant, namely Marki Bas Mahali @ Marki Bans Mahali, have further been sentenced to undergo R.I. for three months for the offence under Sec. 323 of the Indian Penal Code. Prosecution case

(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 the fardbayan of Jeetan Kumari (informant and daughter of the deceased), which reads as under:

(3.) (i) The prosecution case as unfolded in the fardbayan of the Informant Jeetan Kumari (P.W.2), wherein, she has stated that about one month prior to the occurrence, accused Soma Bas Mahali had told against the informant's character in the village and for that reason, quarrel had taken place in between accused Soma Bas Mahali and the deceased. Thereafter, Soma Bas Mahali had quarreled with the deceased on 17/5/1994 in the evening and at about 7:30 p.m., while the deceased was taking his meal outside his house, all the accused persons had arrived there, armed with farsa, tangi and lathi and started assaulting the deceased (informant's father). The deceased had sustained injuries in his stomach, arm and other places of the body due to which he died on the spot.