SUKHRAM BHAKAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Abhishek Kumar Dubey, learned counsel appearing for the appellant and Mr. Manoj Kumar Mishra, learned A.P.P assisted by Mr. Pramod Kumar, learned counsel appearing for the informant.

(2.) This Appeal is directed against the judgment and order of conviction and sentence dtd. 28/8/2015 (sentence passed on 2/9/2015) passed by Shri Nikesh Kumar Sinha, Learned Additional Sessions Judge-II, East Singhbhum, Jamshedpur in S.T. No. 04 of 2013 whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 and in default in payment of fine, to undergo rigorous imprisonment for one year.

(3.) The prosecution case arises out of the Fardbeyan of Lakhi Pad Bhakat recorded on 5/10/2012 wherein it has been stated that at around 1.30 P.M. his father had left the house for the house of Sharad Pramanik for making payment of the dues for purchasing chicken. It has been alleged that after 10-15 minutes Shankar Pramanik had raised an alarm that Sukhram Bhakat (appellant) has committed the murder of Suchan at which he, his mother Kavita and several persons came out of their house and found Suchan Bhakat lying dead with his head severed from the body. The reason for the occurrence is on account of a dispute with respect to partition of property.