STATE OF JHARKHAND Vs. SUDARSHAN MAHAKUR

JUDGEMENT

(1.) Heard Ms. Abha Verma, learned Amicus Curiae for the appellant and Mr. Saket Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 29/11/2018 (sentence passed on 30/11/2018) passed by Sri Ram Bachan Singh, learned Additional Sessions Judge-I, Ghatsila in Sessions Trial No. 216/2018, whereby and whereunder the appellant has been convicted for the offences u/s 302 and 307 of the I.P.C. and has been sentenced to death along with a fine of Rs.20,000.00 for the offence u/s 302 of the I.P.C. and R.I. for life for the offence punishable u/s 307 of the I.P.C. and in default in payment of fine to undergo S.I. for one year.

(3.) The prosecution case arises out of the written report of Raja Ram Mahakur, in which, it has been stated that the informant is a permanent resident of village Khatpal and at the present moment he is staying at Panchwati Nagar in Sonari. It has been alleged that on 6/7/2017 at 2:00 A.M. he had received an information in his mobile that an incident had occurred in his house. When on such information, he reached his house the villagers had disclosed that his uncle Sudarshan Mahakur (appellant) has committed the murder of his father Gurucharan Mahakur, mother Vimla Mahakur and sister Aalochana Mahakur. His younger brother Rajesh Mahakur also suffered injuries and he is being treated at the hospital. It has been alleged that Sudarshan Mahakur by threatening the villagers and by brandishing a bhujali had fled away towards Bhagaband.