SALKHU HANSDAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal, instituted on the basis of an application received from the accused person (appellant), serving sentence, through the Superintendent of the Central Jail, Dumka, is directed against the Judgment of conviction dated 29th May, 2009 and Order of sentence dated 30th May, 2009 passed by the Additional Sessions Judge, Fast Track Court, Sahibganj in Sessions Case No.183 of 2006 / Sessions Trial No.065 of 2008, whereby the accused-appellant herein has been found and held guilty for committing offence punishable under Sections 302/34 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.20,000/- for the offence under Sections 302/34 of the Indian Penal Code.

(2.) In default of payment of fine, it has been ordered that he will further undergo simple imprisonment for one year. It has also been ordered that the amount of fine shall be given to the wife of the deceased in lieu of compensation.

(3.) The prosecution case is based on the fardbeyan of P.W.7 Manoj Hansda, who happens to be the son of the deceased, recorded by the S.I. Shamshad Ali (Officer-in-Charge of Borio, Mirjachouki) on 17.06.2004 at about 14.00 hrs. at Khauri Khulona at the place of occurrence, wherein it has been stated by the informant that at about 12.15 hrs. on 17.06.2004, father of the informant had returned from the house of maternal uncle of the informant and at that time itself informant's uncle Salkhu Hansda, who was sitting near his house along with his wife and son, by abusing informant's father told him that his goat eats the maize crops in the fields of Salkhu. Upon this informant's father told that he being a younger brother is abusing the elder brother, and his goat never goes to the fields of the appellant. On hearing this, Kakda Hansda and his mother Manjhli Hansda (son and wife of Salkhu Hansdah) asked to kill the informant's father saying that as he (informant's father) is making his goat to eat maize crop and again is arguing also. The informant, his mother and his younger uncle Sakla Hansda, all were sitting there on a cot and had heard these conversations. In the meanwhile, Salkhu Hansda went running inside his house and came out with a big Bhala and pierced into the chest of informant's father upon which informant's father started crying and wriggling. Heavy blood also started oozing and very shortly he died. After the death of informant's father, Salkhu Hansda, Kakda Hansda and Majhli Soren started fleeing and upon the alarm raised by the family members, the villagers assembled, who also chased and caught hold of Salkhu Hansda and Majhli Soren.