RAIL GAGRAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curie, for the appellants and the learned Addl. P.P. for the State.

(2.) This jail appeal is directed against the Judgment of conviction dated 11.10.2004 and Order of sentence dated 15.10.2004 passed by the learned Additional Sessions Judge, F.T.C.-I, at Chaibasa, in Sessions Trial No. 27 of 2004, whereby the appellants have been found guilty and convicted for the offence under sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life and fine of Rs. 2000/- each.

(3.) The prosecution case was instituted on the basis of fardbeyan of Jhingi Gagrai, wife of the deceased Rauto Gagrai (deceased). She has stated that the occurrence had taken place on 24.08.2003 when her husband had gone to his father's place in the same village. At about 7.30 P.M., in the night she heard the alarm raised by her husband that Rasai Gagrai and his family members were assaulting him, whereupon the informant along with her brother Rauto Bankira and others rushed to the place and found that in the lane in front of the house of Rasai Gagrai, her husband had fallen down. He was having injury in his stomach and intestine had protruded out from the wound. Her husband informed her that Singa Gagrai and Rail Gagrai had apprehended him and Rasai Gagrai had assaulted him by knife in his abdomen. The informant and other persons tried to tie the wound by cloth to stop the blood, but they did not succeed. As no doctor was available in the village, no medical help could be given to her husband, who died in the night at about 11 P.M. On the next day on 25.08.2003 at about 12.30 P.M., the fardbeyan of the informant was recorded at her village Patahatu, on the basis of which, Sonua P.S. Case No. 40 of 2003, corresponding to G.R. No. 203 of 2003, was instituted for the offence under sections 302/34 of the Indian Penal Code and investigation was taken up. After investigation, the police submitted the charge sheet against all the accused-appellants.