SUGADA BESARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Whether A Single Lathi Blow (Wooden Stick) On The right side of the forehead of the deceased which ultimately resulted in death is sufficient to convict the appellant for offence punishable under section 302 IPC, is the precise question raised in the present Criminal (Jail) Appeal.

(2.) In S.T. Case No. 214 Of 2005, The Appellant Has Been Convicted by the Additional Sessions Judge, Fast Track Court No. II, GhatsilaSinghbhum East for committing murder of the deceasedLitta Besara and he has been sentenced to undergo R.I for life for the offence punishable under section 302 IPC. The judgment of conviction dated 29.01.2007 and the order of sentence dated 01.02.2007 are under challenge in the present criminal appeal.

(3.) The Prosecution Case, As Narrated By Wife Of The DeceasedLitta Besara namely, Buti Besara in her ferdbeyan recorded at 16.00 p.m on 13.03.2005, discloses that at about 5.00 p.m in the evening when she along with her husband returned home, the appellantSugada Besara came there in drunken condition and started abusing her husband. The informant tried to pacify him, however, the appellant did not listen and he lifted a wooden stick lying there and hit her husband on his head, whereupon he fell down on the ground and became unconscious. The accused ran away from her house and next day her husband died. She has disclosed that the quarrel took place on a dispute over Mahua tree. On the basis of her ferdbeyan Dhalbhumgarh (Gudabanda) P.S. Case No.19 of 2005 was registered against the appellantaccused under section 302 IPC. On completion of investigation police submitted chargesheet against the sole accused and the court took cognizance of the offence under section 302 IPC. During the trial seven witnesses were examined by the prosecution in support of the charge framed against the appellant. The doctor who conducted the postmortem examination over the dead body of Litta Besara has been examined as P.W.1. The informant has been examined as P.W.2, and P.W.3 and P.W.4 are F.I.R and inquest report witnesses. One Bijan Kumar Bose, Advocate's Clerk has been examined as P.W.7 who has proved the formal F.I.R and the ferdbeyan. Investigating Officer in the case was not examined by the prosecution in the trial.