LOBIN DURBEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred from jail against the judgment of conviction and order of sentence dated 11th Jan., 2007 and 12th Jan., 2007 respectively passed by the Additional Sessions Judge-1 Sahibganj in connection with Sessions Case no. 128 of 2005 corresponding to G.R. Case no. 38 of 2005, Borio P.S. Case no. 12 of 2005, whereby the appellant has been held guilty for the offence punishable under section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs. 20,000.00 and in default further sentenced to undergo R.I. for six months.

(2.) The facts emerges from the fardbeyan of Phul Kumari (wife of deceased) recorded on 6.2.2005 at 8:30 hrs. at the place of occurrence within P.S. Borio is that on 5.2.2005 at about 7:30 p.m. the informant with her husband was returning home after purchasing grocery items from the market. When they reached near village Pararia, the appellant suddenly appeared and caused assault to Lobin Singh by means of iron rod (Sabal) on his head. Lobin Singh died on the spot. The appellant chased the informant for assaulting her but, she fled away. The informant after returning home narrated the occurrence to other inmates including brother of the deceased. On the basis of fardbeyan of informant Borio P.S. Case no. 12 of 2008 dated 6.2.2005 under Sec. 302 I.P.C. was registered against the appellant. After due investigation, charge sheet was submitted and, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Case no. 128 of 2005.

(3.) The appellant stood charged for the offence punishable under section 302 I.P.C. to which he pleaded not guilty and claimed to be tried. To substantiate the charge the prosecution has examined altogether seven witnesses including informant P.W.-1 Phul Kumari, P.W.6 Dr. Arun Kumar Singh who conducted postmortem examination on the dead body of Lobin Singh, P.W.-7 Jonha Yogendra Murmu who is the investigating officer. The prosecution has proved fardbeyan Ext.3, formal FIR Ext.4, Seizure list Ext.5 and 5/1, Sabal produced before the court exhibited as Material Ext.1 and the post-mortem report Ext.2. The learned Trial Judge placing reliance on the evidence and documents available, held the appellant guilty u/s 302 I.P.C. and inflicted sentences as indicated above.