SINGH SIDHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dtd. 28/11/2016 and the order of sentence dtd. 30/11/2016 passed by the learned Additional Sessions Judge-III, West Singhbhum at Chaibasa, whereby the learned trial Court has convicted the appellant under Ss. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life along with fine of Rs.10,000.00 for the offence under Sec. 302 of the Indian Penal Code. In case of default in payment of fine, the appellant was further directed to undergo SI for six months.

(2.) The brief facts of the prosecution case leading to this Criminal Appeal are that the informant Jug Singh Sidhu had given the written information with the police station concerned with these allegations that on 9/7/2012 at 04:00 O"clock in the evening his mother was at house, at the same time, the appellant, namely, Sur Singh Sidhu told that her bull died and, on this pretext, he took his mother from the house and, thereafter, he committed her murder by throttling her. Hearing the screaming of the mother, the informant also reached to the place of occurrence and saw the appellant fleeing away after committing murder of his mother. In the meantime, the persons of the village also attracted there and dead body of the mother was brought to the house. There being no means of transport, the information was not given at the police station. In the morning, informant went to the Munda Jee and informed him in regard to the occurrence, who gave information to the police station concerned. There was land dispute between the appellant and his mother, on account of the same, the murder was committed. On this written information, Tonto P.S. Case No.15 of 2012 under Sec. 302 of the Indian Penal Code was registered against the appellant, namely, Sur Singh Sidhu.

(3.) The Investigating Officer after having concluded the investigation, filed charge-sheet against the accused under Sec. 302 of the Indian Penal Code and the cognizance was taken by the Magistrate concerned, who committed the case for trial to the Court of Sessions Judge, West Singhbhum at Chaibasa, subsequently, transferred the same to the learned Additional Sessions Judge-III, West Singhbhum at Chaibasa.