OM PRAKASH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard Mr. Jitendra Tripathi, learned counsel for the appellant and Learned A.P.P. for the State.

(2.) The instant criminal appeal is preferred by above named sole appellant challenging his conviction and sentence dtd. 20/5/2017 and 22/5/2017, respectively, for the offence of murder of his own wife and brother-in-law passed by the Additional Judicial Commissioner-XVIII, Ranchi, whereby and whereunder, the appellant has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.10,000.00 with default stipulation, for the offence punishable under Sec. 302 of the I.P.C.

(3.) Factual matrix giving rise to this appeal is that on 17/18/7/2013, in the night, informant namely Pankaj Kumar (P.W.-2) at about 12:30 am heard Halla of his mother namely Sulochana Devi (P.W.-1) and rushed towards her room. Meanwhile, he saw that own brother of the informant namely Om Prakash Prasad (present appellant) having blood-stained hammer in his hand was fleeing away from the room. The informant further saw that his sister-in-law Aarti Devi (wife of the appellant) and Shanker Sao (brother-in-law of the appellant) were lying under pool of blood sustaining severe injuries on head and other part of the body. The informant along with other family members and villagers brought the injured persons to R.I.M.S., Ranchi for treatment where Aarti Devi was declared dead by the Doctor and her brother Shanker Saw also died during course of treatment. It is alleged by the informant that there was certain dispute and differences between the deceased (wife) and the appellant (husband). Due to that reason, the appellant has committed murder of his wife and wife's brother.