KRIT SAO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Jail Appeal is filed by one Krit Sao (hereinafter to be referred to as 'accused') against the judgment of learned Additional Sessions Judge, Palamau, Daltonganj dated 24.7.2002 whereby he has been convicted under Section 302/324 I.P.C. and sentenced to undergo rigorous imprisonment for life under Section 302 I.P.C. and rigorous imprisonment for 3 years for the offence under Section 324 I.P.C. Both the sentences, however, have been ordered to run concurrently. It needs to be mentioned here that along with the accused, his two co-accused, namely, Bishwanath Sao, his son and Bimali Devi, his wife had also faced the trial, but they have since been acquitted by the Trial Court. State has questioned the said acquittal by filing Acquittal Appeal No. 13 of 2002, which stands dismissed by the Court, confirming their acquittal, vide separate judgment dated 6th February, 2015, whereas the instant appeal was reserved for orders.

(2.) Accused is stated to be in custody for the last 14 years, as such priority was given to the instant appeal. At present, the accused is nearing 70 years as stated by his counsel at the Bar.

(3.) Accused is the real brother of P.W. Mathura Sao son of Ganesh Sao, the first informant, whose statement was recorded on 19th of June, 2001 at 8.30 a.m. in the police station concerned. It is alleged therein that on the previous night at about 8.00 p.m. when he was having tea with his family members, i.e., his wife Jasmatia Devi (for short 'deceased') daughter Kalawati Kumari and son Sanjay Sao, the accused along with his wife Bimali Devi and his son Bishwanath Sao (already acquitted) entered their house and started assaulting with Fasuli as a result of which Sanjay Sao got injured and he (Sanjay Sao) fled away from the place of occurrence. Thereafter his daughter P.W. Kalawati Kumari was also injured by accused. It is further alleged that thereafter Bimali Devi and Bishwanath Sao caught hold of the deceased and she was assaulted by the accused on her neck, head, chest, back and on the hand. She started screaming. Balram Prasad and Phulwa Devi reached the spot and caught hold of the accused persons, but, they also sustained injuries. The motive projected for the occurrence is some property dispute. Upon this information, formal FIR 49/2001 came to be registered in Police Station-Chhattarpur, Palamau under Sections 302/324/34 I.P.C. and the investigation started, which, on culmination, resulted into filing of the challan against all the three accused, who were, accordingly, charged under Sections 302/324/34 I.P.C. and ultimately, two accused, namely, Bimali Devi and Bishwanath Sao, were acquitted and the accused convicted and sentenced under Sections 302/324 I.P.C..