SAHRU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae, appointed by the Court for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the judgment of conviction dated 23rd June 2009 and Order of sentence dated 25th June, 2009, passed by the learned Additional Sessions Judge, FTC, Simdega, in S.T. No. 82 of 2005, whereby, the sole appellant has been found guilty and convicted for the offence under Sections 302, and 307 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life and fine of Rs. 10,000/- as consolidated punishment for both the offences under Sections 302 and 307 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the fardbeyan of one Shiridayal Singh, recorded on 1.6.2005 at about 7:00 a.m. in the morning, at village Koromia Balsera, P.S. Thethaitanger, District Simdega, stating that on 31.5.2005 at about 5:00 p.m., he was wish his family in his house and his cousin Jagarnath Singh (deceased) was cutting wood in the courtyard. In the meantime, the accused Sahru Singh came armed with axe and started abusing Jagarnath Singh and threatening that he shall kill all. Jagarnath tried to flee away, but the accused Sahru assaulted him by tangi on his head, causing bleeding injury and Jagarnath fell down. Thereafter, Sahru Singh chased the informant and his wife Rukmini Devi for assaulting them and when they tried to flee away, he assaulted Rukmini Devi by axe and the informant was bitten by teeth by the accused and when the villagers assembled, he fled away. The deceased died at the spot. On the basis of the fardbeyan, The thaitanger P.S. Case No. 23 of 2005, corresponding to G.R. No. 164 of 2005 was instituted against the accused for the offences under Sections 341, 323, 324, 307, 302 and 504 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.