RAVINDAR DEHARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant has preferred this appeal against the Judgment of Conviction and Order of Sentence dtd. 27/2/2018 passed by the learned Additional Sessions Judge-I, Dumka in Sessions Trial No. 121 of 2011 arising out of Kathikund Police Station Case No.08 of 2011 corresponding to G.R. No.236 of 2011, whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000.00 and in default of payment of fine to undergo rigorous imprisonment for one year.

(2.) The case of the prosecution, as per the fardbeyan of the informant Deshai Dehari, recorded by Surendra Ram, Sub Inspector of Police, Kathi Kund Police Station on 28/2/2011, is that, on 27/2/2011 at about 04.00 p.m. in the evening Ravindra Dehari (appellant) pursuant to a quarrel with his wife, ran to kill his wife with an iron khukhri, but she escaped. Thereafter the appellant ran to kill his daughter Mangri Kumari. Seeing this, the deceased in order to save Mangli Kumari tried to catch hold of the appellant and tried to reason with him but in the meantime the appellant assaulted the deceased on her head with iron khukhri, which caused injury on her head and she sat on the floor and again the appellant attacked her with khukhri severing her head from the body and the deceased died. On hearing hue and cry the neighbours rushed and caught hold of the appellant and in course of the same they also sustained injuries.

(3.) On the basis of the fardbeyan of the informant, Kathikund Police Station Case No.8 of 2011 was registered for offence under Sec. 302 of the Indian Penal Code as against the appellant, being the sole accused.