BHAWANI GIRI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 20.01.2006 and 24.01.2006, respectively, passed by the Additional Sessions Judge, Ghatshila, in connection with Sessions Trial No. 468 of 2004, corresponding to Bahragora P.S. Case No. 49 of 2004, G.R. Case No. 301 of 2004, whereby the sole appellant Bhawani Giri @ Hagu Giri has been held guilty under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, in brief, is that on 12.08.2004 at about 6.45 a.m. the deceased was going to his field but on the way he was assaulted by the appellant Bhawani Giri @ Hagu Giri by means of iron rod and the blow was hurled from behind on the head of deceased Ashok Dandapat. After the incident, the witnesses assembled and they took injured Ashok Dandapat to near by clinic and from their he was referred to another hospital, but again the doctor suggested to take him to Jamshedpur. On the way Ashok Dandapat breathed his last. Thereafter, the dead body was taken to the police station. The Fardbeyan of Gita Devi (P.W -3), who happens to be wife of the deceased, was recorded at village Kesarda at about 11.30 a.m. on 12.08.2014. On the basis of Fardbeyan of Gita Devi, Baharagora P.S. Case No. 49 of 2004 dated 12.08.2004 under Sec. 302 of the Indian Penal Code against accused Bhawani Giri @ Hagu Giri was registered.

(3.) The police after due investigation submitted charge -sheet and accordingly cognizance for the offence punishable under Sec. 302 of the I.P.C was taken. Since the offence under Sec. 302 IPC is exclusively triable by the Court of Sessions, the case of the sole appellant was committed and it was registered as S.T. No. 468 of 2004.