BHUWAN SINGH @ BHUKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 01.02.2007 and 02.02.2007 respectively passed by the learned Additional Sessions Judge, Fast Track Court No. III, Jamshedpur, in S.T. No. 4 of 2004 arising out of Patamda P.S. Case No. 39 of 2003, corresponding to G.R. No. 1237 of 2003, convicting the present appellant under section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution on the basis of the fardbeyan of Shrinath Sabar is that on 24.07.2003 at about 6.00 p.m. when he was present at his house, all of sudden, he heard an alarm that someone has stabbed his brother. On hearing the alarm, the informant rushed and saw that at a distance of 100 yards, by the side of the road, his brother Sahdeo (deceased) was lying in pool of blood and blood was also oozing from the side of the chest but he was conscious. Thereafter, the informant with the help of others brought the injured Sahdeo in the house and asked as to how this occurrence occurred. At this, the deceased narrated that he was returning from the Hat to his house along with Ramdhan Sabar and Shankar Majhi. On the way Ramdhan and Shankar moved a bit forward and all of a sudden Bhuwan Singh came in front of him and threatened that the family of the deceased is objecting him and as such today he will kill the deceased. Thereafter Bhuwan Singh took out knife from his pocket and give a knife blow at the chest near collar bone. After narrating the incident, the deceased died.

(3.) After registering the case, the police investigated the matter and after completion of investigation, charge sheet was submitted against the present appellant under section 302 of the Indian Penal Code.