KAIRA PURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction dated 05.12.2007 and Order of sentence passed on 06.12.2007, passed by learned Sessions Judge, West Singhbhum, Chaibasa in Sessions Trial No. 04 of 2006, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the sole appellant has been sentenced to undergo R.I. for life and also a fine of Rs.10,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Ludri Laguri, aged about 14 years, the daughter of the deceased Sombari Kui, recorded on 13.07.2005 at 14.30 hours in her house. The informant has stated that her father had died earlier and she along with her mother and a younger sister Budhni Laguri were living in the house. On 12.07.2005 at about 7 p.m., in the evening, her mother was preparing food and both the sisters were sitting there along with their mother. In the meantime, Kaira Purty came armed with bhujali and shabal and started assaulting her mother. He first assaulted her mother by bhujali and when she fell down, he assaulted her by shabal. The informant came out of her house and raised alarm. After some time, the accused fled away. When she entered her house, she found her mother dead and her younger sister was crying there. She took her sister to the house of her father's sister in the same village, and informed about the occurrence. As it was night she remained there for whole night. In the morning her father's sister informed the village Munda about the occurrence. The Munda came to the place of occurrence and informed the police. On the basis of the fardbeyan of the informant, Nowamundi P.S. Case no. 33 of 2005 corresponding to G.R. No. 419 of 2005 was instituted for the offence u/s 302 of the Indian Penal Code against the sole accused Kaira Purty, and investigation was taken up. After investigation the police submitted the charge-sheet against the accused.