TUELU SETH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant - Tuelu Seth @ Saybu Seth was put on trial on the accusation of committing murder of Deonath Seth. The court having found the appellant guilty for the charge convicted him for the offence punishable under Sec. 302 of Indian Penal Code vide its judgment dated 12.10.2006 passed in ST. No. 38 of 2002 and sentenced him to undergo rigorous imprisonment for life for the said offence vide order dated 13.10.2006. The case of the prosecution, as has been made out in the fardbeyan (Ext. -1), is that Deonath Seth, younger brother of the informant -Radhay Shyam Seth (P.W. 3), had gone to his in -laws' place. On 1.7.2001 at about 11 am, Deonath Seth returned back along with his brother -in -law -Dinbandhu Seth (P.W. 4), aged about 11 years. At the time when Deonath Seth came home, his wife was not there in the house and as such, Deonath Seth after washing his hands and legs slept in the room. Meanwhile, said Dinbandhu Seth started playing in front of the house of Deonath Seth along with Misrilal Seth (P.W. 1), brother -in -law of Indrajit Seth -brother of deceased -Deonath Seth. At about 12 O'clock while the informant -Radhay Shyam Seth (P.W. 3) was in his house, Misrilal Seth (P.W. 1) came there running and informed him that the appellant after entering into the room of Deonath Seth has killed him with 'tangi'. The informant immediately rushed there and did find the appellant fleeing away with 'tangi' which was having blood mark over it. The informant chased the appellant but did not succeed in catching hold of him. When the informant came in the room of the deceased -Deonath Seth, he found him severely injured and was under the pool of blood. He was restless. Therefore, he raised alarm but In the meantime, Deonath Seth died. Thereupon, Misrilal Seth (P.W. 1) disclosed to him that while he was playing, he saw the appellant entering into the room of the deceased and then Slitting his neck.

(2.) The doctor issued post mortem examination report (Ext. -2) with an opinion that the death occurred due to shock and haemorrhage on account of aforesaid injuries caused by sharp cutting heavy weapon.

(3.) On completion of the investigation, when the Investigating Officer submitted charge -sheet against the appellant, cognizance of the offence was taken and in due course when the case was committed to the Court of Sessions, the appellant was put on trial.