MUKESH TOPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant has preferred this appeal against the Judgment of Conviction and Order of Sentence dtd. 23/9/2015 and 7/10/2015 passed by the learned Additional Sessions Judge, Simdega in Sessions Trial No.202 of 2011, whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and to pay a fine of Rs.10,000.00 for the offence under Sec. 302 of the Indian Penal Code and in default of payment of fine, appellant has to suffer three months' additional simple imprisonment.

(2.) Jashmani Topno (informant) who is wife of the deceased and mother of the appellant, in her beyan stated that on 23/10/2011 at about 07.00 p.m. her husband Lalo Topno (deceased) and her son Mukesh Topno (appellant) were taking dinner in the house. In the meantime, her son started demanding money to purchase one motorcycle, which her husband refused on the ground that now he does not have money as he spent his entire money upon them. On this reply appellant, who was under the influence of alcohol, became ferocious and after leaving food, he rushed towards his room and brought one hockey stick and started assaulting her husband (deceased). She tried to save her husband, but the appellant struck hockey stick on the forehead of her husband, thus, he sustained injury, blood started oozing and he became senseless. On her alarm, neighbours reached. With their help, she brought her husband at Jaldega Hospital, where the doctor declared him as dead. She has further alleged that in the course of saving her husband, she also sustained injury on her head.

(3.) On the basis of the fardbeyan of the informant, Jaldega Police Station Case No.33 of 2011 dtd. 23/10/2011 was registered under Sec. 302 of the Indian Penal Code against the appellant.