MOTI RAM BESRA @ MOTI RAM BASERA, SON OF LATE BUDHU BESRA, RESIDENT OF VILLAGE SINDWARI T AND, PS TUNDI, DISTRICT DHANBAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 5.7.2006 passed by the 6th Additional Sessions Judge (F.T.C.), Dhanbad in S.T. No. 284 of 2004/49 of 2004, whereby the appellant having been found guilty of the charge under Sec. 302 of the Indian Penal Code, has been sentenced to undergo imprisonment for life, besides a fine of Rs.1,000.00 and in default, the appellant has been sentenced to undergo rigorous imprisonment for three months.

(2.) The case of the prosecution, in brief is that, on 29.11.2003 at about 8:15 a.m. the informant-Soban Besra (P.W.4) , wife of the deceased-Rabi Lal Besra, came at Tundi police station along with the dead body of her husband with the help of villagers and she gave her statement before the Officer In-charge of Tundi police station regarding the occurrence which is alleged to have occurred on 28.11.2003 at 6:00 p.m. in the house of the informant at Village Sinduari Tand and the same was written by Saheb Ram Besra-P.W.3. According to the prosecution case, while the deceased was scratching pumpkin at his house, the appellant, who is agnate of the deceased, came there with lathi and axe, and gave a lathi blow to the deceased, as a result of which the deceased fell down after assault. Thereafter, the appellant gave several blows to the deceased by means of tangi (axe) which hit on the head, side of the ear, temporal region and other parts of the body, as a result of which the deceased sustained injury. In the meantime, the informant, her son along with villagers went there in order to save the deceased and then the appellant fled away from the place of occurrence. Thereafter, the informant took the deceased to the clinic of Dr. Anil Kumar for treatment but during treatment the deceased succumbed to his injuries. Thereupon, the informant with the help of the villagers took the dead body of the deceased to the police station where the Officer In-charge of Tundi police station recorded her statement.

(3.) On the basis of the aforesaid statement of the informant, Tundi P.S. Case No. 64 of 2003 was registered for the offence under Sec. 302 of the Indian Penal Code against the appellant. After registering the case, the investigation was carried out and after preparing the inquest report (Ext.2/1) of the deceased, the dead-body was sent for postmortem examination.