SONILAL TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mrs. Shweta Singh, learned counsel submitted that she was entrusted with the brief by the Jharkhand High Court Legal Services Authority, but now she has been appointed as an A.P.P. She is thus a bit hesitant to argue this appeal. We feel that being an A.P.P. will not come in her way to assist this Court, as because, we feel that Mrs. Shweta Singh is a counsel, who can assist us properly in this case, more so, when she is well prepared with the case and there is no conflict of interest. Thus, we direct her to assist this Court as an amicus curiae. The Jharkhand High Court Legal Services Authority will ensure payment of the necessary appropriate fees to Mrs. Shweta Singh, learned amicus curiae.

(2.) This criminal appeal is directed against the Judgment of conviction dtd. 17/1/2017 and order of sentence dtd. 19/1/2017 passed by Sri Pawan Kumar, the District & Addl. Sessions Judge-III, Dumka, in Sessions Trial No. 68 of 2012, whereby and whereunder, the appellant having been found guilty of charge under Ss. 302 of Indian Penal Code, has been sentenced to undergo imprisonment for life and fine of Rs.25,000.00. In default of payment of fine, the appellant shall further undergo S.I. for three months.

(3.) The prosecution case is based upon the fardbeyan of the informant, namely, Sonodi Murmu (P.W.3), recorded on 26/12/2011, in which she stated that she was residing along with her sister Sunni Murmu (deceased) and her sister has no child. Sonilal Tudu i.e. the grand son (not direct) of the deceased Sunni Murmu, was ill since last one month. Sonilal Tudu alleged that her grand-mother is witch (daain) and on this issue, he used to quarrel with his grand mother. It is further alleged that on 25/12/2011 when the deceased was coming towards her house from field carrying fire wood, at 4:30 p.m. in front of the house on the road, Sonilal Tudu assaulted on her head with sharp cutting iron dabia due to which, she sustained grievous injury and died. She further claimed that she had seen the occurrence and when she raised hulla, Sonilal Tudu fled away. On the basis of the aforesaid Fardbeyan of the informant, Dumka (Muffasil) P.S. Case No. 187/2011 dtd. 26/12/2011 was registered for the offence under Sec. 302 of Indian Penal Code against the accused. Subsequently, the matter was taken up for investigation and after completion of investigation, charge sheet bearing No. 189 of 2011 was submitted against the appellant and accordingly, cognizance of the offence was taken and the case was committed to Court of Sessions for trial.