ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence dated 7th August, 2006 and 8th August, 2006, respectively, passed by learned 2nd Additional Sessions Judge, Jamshedpur in connection with Sessions Trial No.402 of 2004, arising out of Sakchi P.S. Case No.56 of 2004, corresponding to G.R. No.578 of 2004, whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, as it appears from the Fardbeyan of Shyamal Bhattacharjee -P.W.3, recorded on 11th April, 2004, at 12:15 hours, near Kanchan Hotel, Ambagan, Sakchi, within Sakchi Police Station, East Singhbhum, in brief, is that on 11th April, 2004, at about 11:30 a.m. when the informant reached near a tea stall, he found a crowd assembled. To satisfy his curiosity he went there and found that his son -Debo Jyoti Bhattacharjee @ Bappa was lying dead, having injuries on his neck, abdomen, back etc. and blood was oozing from the wound. The people assembled at the place had apprehended the appellant -Ashok Kumar Singh with a knife in his hand. One hand of the appellant was also smeared with blood.

(3.) The charge under Section 302 of the Indian Penal Code against the appellant was framed and it was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.