KAULESHWAR KOTWAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 11.10.2004 and the order of sentence dated 13.10.2004, passed by the learned Addl. Sessions Judge, Fast Track Court No. 8, Hazaribagh in Sessions Trial No. 239 of 2003, whereby and whereunder, the court, having found the appellant guilty for committing murder of Kartik Bediya, 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. 500/ -.

(2.) THE case of the prosecution is that on 14.02.2003 at about 9 O'clock, when the informant Lakhiya Devi (P.W.10) was standing over a road in front of her house, Jitendra Kotwar (father of the appellant) came over there and after outraging her modesty, ran away. When the informant came home, she told about it to her husband -Kartik Bediya (deceased). Next day i.e. on 15.02.2003, at about 7.00 A.M. in the morning, the informant along with her husband came near the Gate of IFFCO and when they came across with Jitendra Kotwar there, they asked as to why he had done so on the previous day. The informant out of anger, slapped Jitendra Kotwar. Thereupon both of them returned home. The informant went to purchase vegetables. When came back, she found her husband dead. She came to know from the children and also from the persons residing in the neighbourhood that at about 9.30 to 10.00 A.M. when her husband was on road in front of his house, the appellant came and started assaulting her husband with fist and slap during which he fell down. Thereupon, the appellant sat over his chest and smashed it. Thereafter, the appellant also assaulted him with Danda in discriminatory, as a result of which, her husband died.

(3.) DURING which course, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 2) and thereafter he sent the dead body for post mortem examination, which was conducted by the Doctor Rajesh Kr. Gupta (P.W.8)), who, on holding autopsy, did find the following injuries on the person of the deceased: - -