SHASTI DHEKARO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties on the merits of the appeal itself and we dispose oi the same at this stage. The appellant, Shasti Dhekaro, was tried for an offence punishable under Sections 302, 307 and 324 of the Indian Penal Code. The trial Judge, finding the appellant guilty under Section 302, I.P.C., sentenced him to life imprisonment and also to pay fine of Rs. 5000/- for the said offence but acquitted him under Section 307, I.P.C. The trial court found him guilty under Section 324. I.P.C. also and sentenced him to suffer rigorous imprisonment for a period of 3 years with a direction that the sentences will run concurrently.

(2.) Aggrieved by the aforesaid Judgment of conviction and order of sentence the appellant has preferred this appeal. The case of the prosecution, In brief, is this: The appellant is younger brother of the informant, Cheru Dhekaro who is the husband of the deceased, Daya Dhekaro, Ujwal Dhekaro, PW.1, is the son of P.W.6. They were residing in the same house in two different portions. At about 8.45 a.m. on 23-5-2002 a quarrel took place between the wife of the appellant and the sister-in-law, of Daya Dhekaro, the wife of P.W.6. During the said quarrel the appellant stabbed Daya Dhekaro with a katari and on receipt of the said injury she fell down and died. Her husband, PW6 when intervened, also suffered injury on his right hand. PW. 1, Ujwal Dhekaro also suffered injury on the back of his chest and, thereafter, the appellant ran away from that place. Information was given by PW.6 to the Choukidar and on the next day i.e. on 24-5-2002 at 8.45 a.m. PW.6 went to Nala Police Station and gave a complaint to one Arvind Kumar Sinha which is Ext. 3. A case, being crime No. 37/2002, was registered and investigation was taken up.

(3.) The Investigation Officer, PW. 11, on reaching the scene of occurrence, conducted inquest over the dead body of the deceased and, thereafter, sent the same to the hospital with a request to the doctor to conduct autopsy over the dead body. He also sent the injured witnesses to the hospital. On receipt of the requisition, P.W. 10, the Medical Officer attached to the Government hospital, examined PW. 6 Cheru Dhekaro. The certificates issued by the doctor are Exts. 2 and 2/1. He found the following two wounds on the persons of PW. 6 Cheru Dhekaro: