HELENA LAKRA Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) This application is directed against the judgment dated 13.1.2005, passed by the learned Sessions Judge, Simdega in Sessions Trial No. 58 of 2004, whereby and whereunder, opposite party Nos. 2 and 3 have been acquitted for the charges levelled against them for the offence under section 302/34 of IPC.

(2.) Prosecution story in brief is that in the night of 14.12.2003 at about 7 p.m., the informant was in her house along with her family members when her cousin brother-Augustin Kerketta, opposite party No. 2 and his wife Karlina Kerketta, opposite party No. 3, came there with lathi, danda and drove her husband out of her house. It is alleged that opposite party Nos. 2 and 3 had assaulted the husband of the informant as a result of which he fell down senseless. It is further alleged that after raising alarm, her neighbours had come and saved them from further assault. It is also alleged that after a few moment, her husband had died.

(3.) Based on the aforesaid allegations, G.R. Case No. 369 of 2003 was instituted. Investigation resulted in submission of charge sheet for the offence under section 302/34 of the Indian Penal Code and after cognizance was taken, case was committed to the court of session, where charge was framed and trial proceeded. In course of trial, twelve witnesses were examined on behalf of the prosecution.