BOGAN SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and sentence dated 28th June,2005 passed by learned Sessions Judge, Saraikella-Kharsawan in connection with Sessions Trial no.101 of 2004, whereby the appellant has been held guilty for the offence punishable under sections 302 and 448 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 500.00 and in default of making payment of fine, he shall suffer further simple imprisonment for two months and further sentenced to undergo rigorous imprisonment for six months. Both the sentences have been directed to run concurrently.

(2.) The case of the prosecution, as it appears from the written report lodged by Pintu Sardar, in brief, is that on 11.06.2004 at about 10 P.M. he woke up after hearing alarm raised by Lengra Sardar(deceased) and reached to the place and found appellant scuffling with deceased Lengra Sardar. He had seen Bogan Sardar(appellant) inflicting knife blows on the person of Lengra Sardar. In the meantime, Dulu Sardar, Jugal Sardar, Ghanshyam Sardar and some more villagers reached to the place and they overpowered the appellant. The injured Lengra Sardar was removed to hospital for his treatment whereas appellant-Bogan Sardar along with knife was produced before the police and on the basis of written report, Saraikella-Rajnagar P.S. Case no. 22 of 2004 dated 12.06.4 under sections 448, 324, 326 and 307 I.P.C. was registered. On the following morning, Lengra Sardar succumbed to his injury where after section 302 I.P.C. has been added. The police, after due investigation, submitted charge sheet against the appellant and accordingly cognizance was taken and the case was committed to the court of Sessions and registered as Sessions Trial no. 101 of 2004.

(3.) Charges under sections 302 and 448 I.P.C. against Bogan Sardar were framed to which he pleaded not guilty and claimed to be tried. The prosecution in order to bring home the charges has examined altogether nine witnesses including informant, Investigating Officer and the doctor. Learned Sessions Judge at the conclusion of trial placing reliance on the evidence and documents, held the appellant guilty for the offences punishable under section 302 and 448 I.P.C. and sentenced him as indicated above.