SUNDER PAHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the Judgment of Conviction dtd. 8/5/2018 and Order of Sentence dtd. 11/5/2018 passed by the District and Additional Sessions Judge-I, Khunti in S.T. Case No. 766 of 2012, arising out of Khunti P.S. Case No. 57 of 2012 whereby the accused-Sunder Pahan was convicted for the offence under Ss. 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life and to pay fine of Rs.20,000.00. In default of payment of fine appellant/convict has to further undergo S.I. for six months under Sec. 302 of the Indian Penal Code.

(2.) The brief facts of the prosecution case leading to this Cr. Appeal are that the fardbayan of the informant Manki Pahan was recorded in which the allegations are made that on 27/5/2012 at 04 O'clock she was at her house and her husband Suku Pahan was manufacturing wooden window at the door of the house. At the same time, the son of her brother-in-law (Bhainsur) Sunder Pahan came and assaulted with Tangi on the head of her husband from the backside of Tangi. Thereafter he went and again came after some time and gave again the blow with the Tangi to her husband with intent to commit murder of him whereby neck of her husband was cut and died at the spot. She raised alarm. Persons of the village also attracted there and nabbed Sunder Pahan along with Tangi. Sunder Pahan also sustained some injury in this sequence. On this fardbayan, Khunti case crime No. 57 of 2012 was registered under Sec. 302 of I.P.C. against Sunder Pahan.

(3.) The I.O. concluded the investigation and filed charge-sheet against Sunder Pahan to the Court of Magistrate concerned who took cognizance on the charge-sheet and committed the case for trial to the Court of Sessions Judge, Khunti who further transferred the same for trial to the Additional Session Judge-I.