GANESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment and order of conviction and sentence dtd. 30/1/2003 and 31/1/2003 respectively, passed by learned 5th Additional Sessions Judge, Fast Track Court No.2, Godda, in Sessions Case No.41 of 2002, whereby and whereunder the appellants have been held guilty for the offence under Ss. 302 read with Sec. 34 of the I.P.C. and sentenced to undergo rigorous imprisonment for life along with fine of Rs.1,000.00 each with default stipulation.

(2.) Factual matrix giving rise to this appeal as per fardbeyan of Siyawati Devi is that on 20/2/1998 at about 06:00 P.M., one Sunita Devi daughter of Ganesh Singh came to her house and called her husband for Panchayati held at her house. The reason for convening Panchayat was that a watch of informant's son Santosh Kumar was traceless since 4-5 days and suspicion was against son of Sunita Devi. It is alleged that informant's husband went along with Sunita Devi to attend Panchayat where Ganesh Singh, Birendra Singh and Budul Singh brutally assaulted her husband due to which he became unconscious then around 07:00 P.M., the accused persons Birendra Singh, Budul Singh and Pappu Singh lifting her husband brought to her house and left in her drawing room. The informant's husband complained about the assault given by the accused persons and was under apprehension of his death. He also asked water and after taking water her husband died in the night. On the basis of above fardbeyan, F.I.R. was registered for the offence under Ss. 302/34 against above named accused persons. After completion of investigation charge-sheet was submitted and the case was committed to the Court of Sessions. The appellants did not plead guilty and claimed to be tried.

(3.) In the course of trial, altogether 10 witnesses were examined by prosecution apart from documentary evidence.