JAI NARAYAN SUNDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sudhansu Kumar Deo, learned counsel for the appellant and Mr. Abhay Kumar Tiwari, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 11/2/2010 (sentence passed on 20. 02.2010) passed by Shri Ramesh Kumar Srivastava, learned Additional Sessions Judge, FTC-V, Singhbhum (W) at Chaibasa in S.T. No.318 of 2008 whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302/34, I.P.C and has been sentenced to rigorous imprisonment for life.

(3.) The prosecution case arises out of the Fardbayan of Ganga Ram Sundi recorded on 10/7/2008 in which it has been stated that the informant has three brothers; the informant, Jai Narayan Sundi (appellant) and Shibu Singh Sundi. On 9/7/2008 at 4.00 p.m., the son of the informant namely Bablu Sundi @ Saluka Sundi had gone to the house of Jai Narayan Sundi to discuss about the partition of ancestral property with the mother of the informant. After some time Jai Narayan Sundi came to the house of the informant and disclosed that Gyan Prakash Sundi, the son of Jai Narayan Sundi and Bablu Sundi are fighting with each other. The brother of the informant thereafter hurriedly went away which aroused a suspicion in the mind of the informant and when he went near the house of Jai Narayan Sundi, he had seen Gyan Prakash Sundi fleeing away. The door was locked and the lock was broken open with the help of a spade and on entering the informant had found his son lying dead on the floor. There were marks of injury on his person. The murder of the son of the informant took place on account of the dispute regarding the partition of land.