FABIANUS BECK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction dated 29th June, 2006 and order of sentence dated 30th June, 2006 passed by 1st Additional Sessions Judge, Gumla in Sessions Trial No. 150 of 1988, whereby the appellant having been found guilty of charges under Sec. 302 Penal Code has been sentenced to undergo imprisonment for life besides a fine of Rs. 500.00 and in default thereof, to further undergo simple imprisonment of six months.

(2.) The case of the prosecution in brief is that on 4.4.1988, the informant went to the house of his Sarhu Francis Beck, who took him and one co-villager Rimun Minz to the house of Bhakur Kharia (PW-4). It is disclosed that deceased Bartolmi Beck along with three others namely Binod, Alexander and one friend of Binod were taking liquor(Haria) from before in the house of Bhakur(PW-4). The informant and his companion also joined them. It is further alleged that during discussion, deceased Francis Beck gave two fist blows to Binod after which Binod left the place and proceeded towards the village. After sometime they also left the place for their home but on the way, Binod came running towards them and he was having Tabla in his hand. The informant apprehending danger started fleeing away. Thereafter Binod started assaulting the deceased(Francis Beck) with Tabla. After reaching the village, the informant raised Halla and then he along with the villagers again went to the place of occurrence, where he saw the neck of the deceased (Francis Beck) cut by Tabla and also saw that the mouth, head and throat of Bartolmi Beck (brother of deceased Francis Beck) cut and both were dead. The informant having come to know that the child Dablu is also seriously injured and shifted to hospital, went to the hospital. The informant has suspected that said Binod with the help of his aforesaid two friends might have committed the occurrence. On the basis of the aforesaid Fardbeyan, a formal FIR was registered for the offence under Sec. 302 of the Indian Penal Code against Binod and two unknown and after completion of investigation, charge-sheet was submitted against the accused Binod Khakha and Fabianus Beck, the appellant herein. However, the learned Chief Judicial Magistrate, Gumla took cognizance of the offence under Sec. 302, 307 and 326/34 of the Indian Penal Code against both the accused. After commitment, the charges were framed which were read over and explained to the accused persons in Hindi, to which they pleaded not guilty. The defence version is completely denial of the charges levelled against them.

(3.) In order to prove the charges against the accused, the prosecution has examined altogether ten witnesses, including the doctor (PW-8), who conducted autopsy over the dead bodies of the deceased. The defence has also examined two witnesses. The trial court after going through the materials on record and also considering the evidence of the witnesses has convicted the present appellant for the offence under Sec. 302 Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 500.00, in default thereof, to further undergo simple imprisonment of six months.