RAM LAL DEHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have already heard the arguments of Mrs. Ragini Kumari, learned counsel for the appellant and Mr. S.K. Srivastava, learned A.P.P. for the State.

(2.) The instant criminal appeal is preferred by above named sole appellant for setting aside the judgment of conviction dtd. 11/7/2018 and order of sentence dtd. 12/7/2018 passed by the learned Additional Sessions Judge-II, Dumka in S.T. Case No.173 of 2012 arising out of Gopikandar P.S. Case No.31 of 2011, corresponding to G.R. No.1450 of 2011, whereby and whereunder the appellant has been held guilty for the offences under Sec. 302 and 307 of Indian Penal Code and sentenced to undergo R.I. for life along with fine of Rs.10,000.00 (Ten Thousand) for the offence under Sec. 302 of IPC and R.I. for 7 years along with fine of Rs.1,000.00(One thousand) for the offence under Sec. 307 of Indian Penal Code with default stipulation. Both the sentences are directed to run concurrently. Other co-accused persons, namely, Kollen Dehri, Budhini Maharani and Samanti Maharani have been extended benefit of doubt and acquitted from the charges under Sec. 302/34 and 307/34 of IPC.

(3.) The factual matrix giving rise to this appeal is that on 14/11/2011 at about 10:00 pm, the accused person, Ram Lal Dehri (appellant) along with Kollen Dehri, Budhani Maharani and Samanti Maharani arrived at the house of the informant, Sundarmuni Maharani. It is alleged that Ram Lal Dehri(appellant) told the informant's husband that your wife is searching another husband, which was protested by Surendra Dehri(since deceased) and there was exchange of hot words between both the parties. Meanwhile, Ram Lal Dehri gave lathi blow on the head of the informant's husband causing injury on left side of the head with intention to kill him. Due to sustaining head injuries, the informant's husband fell down and died on spot. It is further alleged that the informant rushed to rescue her husband, she was also assaulted by Ram Lal Dehri on her head with intention to kill her. She has also sustained fracture injury on head. The informant raised alarm "bachao-bachao" then her daughter Nilmuni Kumari (P.W.1) rushed and has seen the occurrence. It is further alleged that after hearing the screams of the informant, several villagers assembled at the place of occurrence, then the accused persons fled away.