RAJENDRA YADAV Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant Rajendra Yadav (hereinafter to be referred to as the accused), after suffering conviction, filed the instant appeal in the year 2005 through jail. At that time one Shri Naresh Prasad, Advocate was appointed as Amicus Curiae on behalf of the accused to assist the Court. When the instant appeal was taken up for its final consideration in August, 2015, the accused went unrepresented and for this reason Ms. Suchitra Pandey was appointed as Amicus Curiae on behalf of the accused. He is stated to be in custody for the last 16 years. For this reason priority has been given to the instant appeal over and above other appeals. Ms. Pandey has assisted the Court thoroughly. She has taken us to the entire material evidence available on record. Deceased in this case is one Sahdeo Rout husband of P.W. 4 Sunita Devi. She happens to be eye -witness to the occurrence. Along with her, P.W. 3 brother -in -law, P.W. 6 sister -in -law and P.W. 5 daughter of the first informant are also the eye -witnesses to the occurrence. Accused was allegedly armed with Farsa (sharp -edged weapon) and the injury on the person of the deceased is only one landed on the vital part of the body (parietal region of the scalp) resulting into exposure of the brain tissue. This injury turned out to be fatal.

(2.) P.W. 4 the first informant alleged that on 19th October, 1999 at about 4 p.m. deceased went to his fields to cut the ridge for the purpose of draining out the extra water out of the fields and when he reached near the house of the accused, the accused assaulted him from behind with the Farsa in his hand and caused the injury on his head. P.W. 4 along with P.W. 3, P.W. 6 and P.W. 5 claimed themselves to be the eye -witnesses to the occurrence. The motive, as projected, is that prior to the present occurrence somewhere in the year 1995 -96 the deceased and P.W. 3 were booked in a case of murder of father of the accused and were facing Sessions Trial No. 160 of 1996. The statement of first informant was recorded on 22nd October, 1999 at about 3 p.m. (15 hours) in the concerned Police Station whereupon P.S. Case No. 138 of 1999 got registered under Sec. 302 of Indian Penal Code.

(3.) The learned trial court has believed the eye -version account and convicted the accused under Sec. 302 of the Indian Penal Code.