GOPAL AMAT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 16 th July, 2005 and order of sentence dated 18th July, 2005, passed by Sri Raghubar Dayal, learned Additional Sessions Judge, Fast Track Court No. II, Chaibasa in Sessions Trial No. 221 of 2004 whereby and whereunder the appellant has been found guilty under section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay a fine of sum of Rs. 10,000/ - ( Rupees Ten Thousand Only) and in default of payment of fine amount, he is further directed to under go Rigorous Imprisonment for six months for the offence under section 302 of the Indian Penal Code.

(2.) The prosecution case in brief as per the fardbeyan of Raghunath Manjhi, son of late Ram Kishor Majhi, Village - Gulu, P.S. - Anandpur ( Manoharpur), District - West Singhbhum recorded by S.I., S. Priyadarshi of Manoharpur Police Station is that on 18.04.2004 he and his brother Brajnath Majhi had come to his father - in -law's house at village Tormunda, P.S. - Manoharpur to attend the marriage ceremony of his brother -in -law, Ramesh Amat. On 17.4.204 at around 14 hours, Saturday, they were getting ready and wearing cloths to go in the marriage procession of his brother -in -law. Just then, from the adjacent north courtyard, a sound of crying and screaming could be heard. They came out from the house and saw his eldest brother -in -law Gopal Amat attacking Ramesh Amat with a sward on his neck and temporal region under the marriage ceremonial canopy, blood was dripping from the sward which Gopal held in his hand, blood was spraying from the neck of Ramesh and soon thereafter, Ramesh Amat died. When Gopal Amat was asked for the reasons for his assaulting then he replied that the deceased did not give him respect as elder brother and he had not invited him for the marriage, hence, he murdered him. Gopal took the sward and went to his house . He along with his relatives Ghasi Amat went to the police station and gave the information.

(3.) On the basis of the fardbeyan a formal FIR was lodged bearing Manoharpur P.S. Case No. 18 of 2004 under section 302 of the Indian Penal Code corresponding to G.R. Case No. 92 of 2004. After completion of the investigation, police submitted charge sheet under section 302 of the Indian Penal Code against the accused Gopal Amat, cognizance was taken and the case was committed to the court of sessions as S.T. No. 221 of 2004. The charge was framed and explained to the accused to which he pleaded not guilty and claimed to be tried.