MANGAL KHALKO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 29th Oct., 2004 passed by learned Additional Judicial Commissioner, Fast Track Court No.VII, Ranchi in connection with Session Trial Case No.301 of 1996, corresponding to G.R. No.300 of 1995, arising out of Ratu P.S. Case No.154 of 1995, whereby the appellant has been held guilty for the offence punishable under Sec. 302 Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.2,000.00 and in default of making payment of fine, further rigorous imprisonment of two months.

(2.) The prosecution case, as it appears from the Fardbeyan of Bhogta Oraon, recorded on 11th Nov., 1995, at 17:00 hours, in brief, is that he was informed by Gangi Orain that Mangal Khalkho has killed Mangu Oraon by causing injury to him by means of Tangi in his house. The informant happens to be brother of the deceased-Mangu Oraon. After receiving such information, he rushed to the house of appellant-Mangal Khalkho and found dead body of Mangu Oraon, lying on the outer veranda of the house. He had noticed multiple cut injury on the person of the deceased. At the spot, wife of the informant was also present and she also repeated the same fact before him. The reason behind the occurrence has been assigned that the deceased was having illicit relation with Lalita Devi-wife of the appellant. On the basis of Fardbeyan of Bhogta Oraon, Ratu P.S. Case No.154 of 1995 dated 11th Nov., 1995 under Sec. 302 of the Indian Penal Code was registered.

(3.) The investigation was carried out and the appellant was charge-sheeted. Accordingly, cognisance was taken and the case was committed to the Court of Sessions and registered as Session Trial Case No.301 of 1996. Charge under Sec. 302 Penal Code was framed on 11th March, 1999 against appellant-Mangal Khalkho and he was put on trial.