CHHOTU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have already heard Ms. Soumya S. Pandey, learned amicus curiae appearing for the appellant and Mr. Pankaj Kumar, learned 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. 30/4/2003 and order of sentence dtd. 1/5/2003 passed by Additional Sessions Judge - XIII, Dhanbad in S.T. No.77 of 2002 arising out of Barora (Baghmara) P.S. Case No.19 of 2001 (G.R. Case No.285 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 is that on 29/1/2001 at about 07:00 p.m., the informant Jhulan Bhuiya (P.W.5) son of the deceased returned to his home after discharging his duties then he was informed by his grandmother that Chhotu Singh (present appellant) has assaulted to his mother. In the meantime, younger brother of the informant told that his mother is not speaking anything then informant along with his uncle Bharat Bhuiya and Lakhan Bhuiya went to see his mother and found her lying dead. It is further alleged that younger brother of informant namely Sudhir also informed that Chhotu Singh has assaulted to his mother with pawa (leg) of a cot.