VIJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have already heard Mr. Yogesh Modi, learned counsel appearing for the appellant and Mr. Fahad Allam, learned A.P.P. appearing for the State.

(2.) Instant criminal appeal has been preferred by above named sole appellant for setting aside the judgment of his conviction dtd. 21/8/2002 and order of sentence dtd. 22/8/2002 passed by 1st Additional District and Sessions Judge, Fast Track Court, Garhwa in S.T. No.182 of 1987 / T.R. No.01 of 2001, whereby and whereunder the appellant has been held guilty for the offence under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) Factual matrix giving rise to this appeal as depicted in the F.I.R. lodged by one Ramdev Choudhary (P.W.4) is that on 24/2/1987 at about 08:00 a.m., while he was sitting at the house of Rekha Choudhary along with his wife Etwaria Devi (P.W.9), meanwhile, the accused Vijay Singh armed with lathi, started abusing to Rekha Choudhary scolding as to why he did not come to build his house wall on yesterday. Upon this, Rekha Choudhary replied that due to some extraordinary circumstances, he could not attend his work yesterday, due to this reason, the accused got enraged and started assaulting to Rekha Choudhary by his lathi on chest, back and arm resulting in serious injuries. Rekha Choudhary was being brought to hospital but in the way he died. It is alleged that the informant and wife of deceased raised alarm then villagers Rajendra Singh, Guput Mallah and Sahdev Choudhary rushed towards the place of occurrence and rescued the injured. On the basis of above information, Garhwa P.S. Case No.20 of 1987 dtd. 24/2/1987 was registered for the offence under Sec. 302 of the I.P.C. against the present appellant.