KISHOR TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant has preferred this appeal against the Judgment of Conviction and Order of Sentence dtd. 15/6/2016 and 23/6/2016, respectively, passed by the Additional Sessions Judge, Simdega in Sessions Trial No.40 of 2012 arising out of Kurdeg Police Station Case No.22 of 2011 (G.R. No.275 of 2011), whereby the appellant has been convicted for offence under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand) for the offence under Sec. 302 of the Indian Penal Code and in case of default of payment of fine, to undergo simple imprisonment for 4 (four) months.

(2.) On 8/8/2011 at about 11.00 O'Clock, the incident took place when the informant was cultivating his harvest field along with his younger son Kishore Tirkey (appellant). The occurrence started with an altercation between the younger son Kishore Tirkey (appellant) and elder son Francis @ Lodha Tirkey (deceased). Deceased had asked the appellant to open ploughing instrument (HAL) and to return home saying that harvest field will be cultivated tomorrow, which the appellant had denied. The deceased then asked the appellant as to why he is cultivating the harvest field with the old father. The appellant assaulted the deceased with Tangi (axe) on his head and neck 8-10 times, as a result of which the deceased died at the spot.

(3.) Based on the farbeyan of the informant, Kurdeg Police Station Case No.22 of 2011 was registered for offence under Sec. 302 of the Indian Penal Code. After investigation, Chargesheet was submitted on 31/8/2011 under Sec. 302 of the Indian Penal Code, whereupon cognizance of the offence was taken on 15/9/2011. The case was committed to the Court of Sessions. Charge was framed against the appellant being the sole accused under one head under Sec. 302 of the Indian Penal Code to which the appellant pleaded not guilty and claimed to be tried.