RAMDAS NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment of conviction and the order of sentence, both dtd. 27/7/2002 in Sessions Trial Case No. 169 of 2000 whereby and whereunder learned 5th Additional Sessions Judge, Bermo at Tenughat convicted the appellants under Ss. 324/34 and 302/34 of the Indian Penal Code and sentenced them to undergo RI for life under Ss. 302/34 of the Indian Penal Code and RI for three years under Sec. 324/34 of the Indian Penal Code.

(2.) The prosecution case is at the behest of Shakuntala Devi who is none but the wife of the deceased. She stated that they returned from Maithan. On 20/11/1999 at about 10 a.m the informant Shakuntala Devi along with her husband was present in the courtyard. Two planks of their door were missing. Her father-in-law asked them to keep quite. The planks of the door were taken by the sons of Kameshwar Nayak (who happened to be her elder brother-in-law) namely, Bhagawandas Nayak and Ramdas Nayak. As they were refusing to return the same, exchange of words took place. Then Ramdas Nayak and Bhagawandas Nayak came out with tangi and gave 2-3 blows on the head of Shakuntala Devi and chased Premchand Nayak and these appellants Ramdas Nayak and Bhagawandas Nayak gave several tangi (axe) blows on the deceased and Kameshwar Nayak also assaulted with lathi till the deceased died. Then they returned to their house.

(3.) At the instance of Shakuntala Devi FIR was registered being Peterwar PS Case No. 133 of 1999 under Sec. 324/307/302/34 of the Indian Penal Code. The FIR is Exhibit-5.