MATA HESSA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant. Mata Hessa has preferred this appeal against the judgment and order dated 12.6.2002 and 13.6.2002 passed by the 3rd Additional Sessions Judge. Chaibasa in Sessions Trial No. 254 of 2000 whereby and whereunder the appellant has been convicted under Section 304 Part II of the Indian Penal Code and has been sentenced to undergo R.I. for seven years.

(2.) BRIEF facts leading to his conviction are that in the evening of 17.3.2000 the informant Boti Kui was sitting in her house alongwith the deceased Turi Banra situated in village Chalgi, P.S. Tonto, district West Singhbhum. Further stated that they were quarrelling on some topic on which the mother of the appellant came and asked them not to fight over the matter. This infuriated the deceased and he started abusing Lini Kui and sent her out of his house. According to informant after some time Sardar Hessa husband of Lini Kui and the appellant son of the said Lini Kui came in the house and started abusing her husband. Further stated that Sardar Hessa forced tin -deceased on earth when the appellant Mata Hessa gave fatal blow with large stone on his head resulting in instant death.

(3.) THE case of the appellant was committed to the Court of Sessions for trial wherein charge was framed against the appellant and his father under Section 302/34 of the Indian Penal Code on 11.4.2001. The defence taken by the appellant was of false implication. However, the trial Court found the prosecution story proved and sentenced the appellant to serve R.I. for seven years under Section 304 Part II of the Indian Penal Code while R.I. for one years under Section 323 of the Indian Penal Code against Sardar Hessa. The appellant has remained in custody till admitted to bail by this Court in appeal on 8.1.2003.