ANUP KUMAR SHAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.4.2005 and order of sentence dated 25/4/2005 passed by the 1st Addl Sessions Judge, FTC Lohardaga, in Sessions Trial No. 121 of 2002 whereby and whereunder the appellant having been found guilty for committing murder of his mother was convicted for the offence punishable under sections 302 IPC and was sentenced to undergo rigorous imprisonment for life .

(2.) THE case of the prosecution is that on 19.7.2002 at about 5.30 p.m. when Lalita Devi, wife of the informant Dhananjoy Sah (P.W. 3) had gone to "gohal" (a place for keeping cattle and fodders) for taking firewoods, the informant heard the shouting of his wife coming from the "gohal". On hearing alarm, when the informant went there, he saw the appellant ( his son ) inflicting chhura blows upon his wife. He tried to catch hold of him, but the appellant fled from there. Meanwhile, the villagers also reached there who saw injuries on the person of the wife of the informant who died there.

(3.) ON the next day ( 20.7.2002) at 5.00 a.m, a written report was submitted upon which a formal FIR (Ext. 3) was drawn by Jai Krishna (PW6), the then officer in charge of Bhandara Police Station. He himself took up investigation of the matter and came to the place of occurrence where he held inquest on the dead body of the deceased and prepared an inquest report (Ext 2/2). He inspected the place of occurrence and then sent the dead body for post mortem examination, which was conducted by Dr. Shanbhu Nath Choudhary (PW7) who found the following injuries on the persons of the deceased.