LALKA TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant Lalka tudu has preferred this appeal against the judgment and order dated 29-7-1999 and 30-7-1999 passed by 3rd Additional Sessions Judge at Dhanbad in Sessions Trial no. 274 of 1997 whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and S. 27 of the Arms Act and has sentenced to undergo R. I. for life.

(2.) BRIEF facts leading to this appeal are that the deceased Arbind Tudu got admitted for his treatment on 28. 4. 1997 with fire arm injury on his left chest in Central hospital, Jagjivan Nagar, Dhanbad. On information to Saraidhela police A. S. I. Ram singhasan Choubey arrived at the hospital on 29-4-1997 and recorded his fard beyan at about 3. 30 p. m. at the bed. According to the informant he was in his house at 3. p. m. on 28-4-1997. situated in Mauza Nutandih p. S. Tundi when the appellant, his step brother, arrived and started exchanging hot words when the informant asked him not to do like that, he became more aggressive and started abusing him. Further stated on further protest by the informant, the appellant took out a revolver from his possession and fired upon him resulting in firearm injury on the left side of his chest. Further stated when his wife Chano Manjhian tried to intervene, she was also assaulted by the appellant with butt of the revolver. According to the informant, the appellant used to abuse and assault them for minor family disputes. He further asserted that after this, the village sarpanch Banka Bihari mandal was informed and he brought him to hospital for his treatment.

(3.) SARAIDHELA police registered Saraidhela p. S. Case No. 20 of 1997 on this fard beyan under Sections 307, 326, 323 of the Indian penal Code and S. 27 of the Arms Act and started investigation in this case. The informant succumbed to his injuries and died next day. The police after completion of investigation submitted charge sheet against the appellant under Section 302 of the Indian Penal Code and 27 of the Arms Act. The trial of the appellant was committed to the Court of session where he was charged on 8-12-1997 for the offences to which he pleaded not guilty and claimed false prosecution. However the learned trial Court after examining the witnesses and relying upon the last statement of the deceased recorded by ASI and marked as Ext.- 2 found and held him guilty under Section 302 of the Indian Penal Code and sentenced him to serve R. I. for life.