BISHESHWAR HAJRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 15.10.2005 and the order of sentence dated 20.10.2005 passed by the then Additional Sessions Judge -cum -FTC 7, Giridih in S.T. No. 83 of 2003 whereby and whereunder the court having found the appellant guilty for committing murder of Etwari Hajra convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/ -.

(2.) THE case of the prosecution is that on 19.10.2002 one Etwari Hajra (deceased) husband of the informant Kunti Devi (P.W. 4) left home after taking meal for the field for bringing grass. At about 12 O'clock the appellant, the younger brother of the deceased Etwari Hajra started raising wall at the space in front of the house of the informant. This was objected by the informant on the plea that if he will be raising wall, there would be no access to his house from in front of the house but the appellant did not care, rather raised the wall upto one feet. At about 3 O'clock when the informant, husband of Etwari Hajra came and found wall being raised, he demolished the wall with spade which he was having with him. Seeing this, the appellant came out of the house with lathi and assaulted over the head of Etwari Hajra, as a result of which, he fell down and became unconscious. The informant raised alarm, upon which the informant's mother -in -law and father -in -law and also villagers came over there with whose help the informant brought her husband to Sadar Hospital. There the doctor referred the case to Ranchi. Before the deceased was taken to Ranchi, he died. Thereupon the informant brought the dead body to Bengabad Police Station where the informant on 20.10.2002 at about 1.50 p.m. gave her fardbeyan, upon which first information report (Ext. 2) was drawn. The Investigating Officer took up the matter for investigation. During which, he held inquest on the dead body of the deceased and prepared an inquest report. Thereupon the dead body was sent for post mortem examination which was conducted by Dr. A.K. Sahay (P.W. 9) along with Dr. Ajit Saran. After holding autopsy, doctor did find following injuries.

(3.) UPON dissection, parietal bone of skull was found fractured.