BARAI HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. 1. The appellant has preferred this appeal against the Judgment of Conviction dtd. 17/8/2017 and Order of Sentence dtd. 19/8/2017 passed by the Additional Sessions Judge-I, West Singhbhum at Chaibasa in Sessions Trial No. 09 of 2013, whereby the appellant has been held guilty and convicted and sentenced for the offence punishable under Sec. 302 of Indian Penal Code.

(2.) Informant Gulia Hembrom is the informant of the case. As per the written report on 6/9/2012 he was working in his field when his cattle suddenly entered the field of Singhrai Hembrom and grazed the tomato plants, for which he agreed to compensate him by money. At the same time cattle of Barai Hembrom (appellant) also grazed the field of Singhrai Hembrom. Appellant took offence at the informant for agreeing to pay compensation and there ensued hot exchange between them and he inflicted two farsa blows at him resulting in critical head injuries.

(3.) On the basis of the written report, Hatgamharia P.S. Case No. 24 of 2012 was instituted against the appellant under Ss. 341,323, 324 and 307 of the IPC. Informant died while being taken to the hospital and on investigation charge-sheet was submitted under Ss. 302 of IPC. The cognizance of the said offence was taken and the appellant was put on trial for committing the murder of the informant. Court framed charge for offence punishable under Sec. 302 of IPC and the appellant was put on trial.