RAMU PAHAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court.:- 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 11th July 2007 and Order of sentence dated 12th July 2007, passed by the learned Addl. Judicial Commissioner, Fast Track Court, Khunti, in S.T. No. 558 of 2003, 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 appellant has been sentenced to undergo imprisonment for life and fine of Rs.30,000/- for the said offence.

(3.) The case relates to double murder, in which, the deceased were the wife and husband, and were closely related to the accused. The prosecution case was instituted on the basis of the fardbeyan of Bati Kumari, aged about 18 years, who is the own sister of the accused, which was recorded at Sub Divisional Hospital, Khunti, on 8.1.1999 at 9:30 hours, where she was undergoing treatment. She has stated that she was living with her uncle and aunt, who were her father's sister and her husband, from her childhood, as they had no issue. On 7.1.1999, at about 6.00 P.M., her own brother Ramu Pahan came to the house and he stayed there. In the night, all of them had taken meal and when they were going to sleep, her brother started searching tangi. She asked as to why he was searching tangi, but he did not speak anything and took the sabbal kept there and entered the room of her uncle and aunt and when they raised alarm, she also went there and found that both of them had been assaulted by the accused by sabbal. When she reached there, she was also assaulted by sabbal by the accused, causing injury on her head and thereafter, the accused fled away. Upon the alarm raised by her, nearby people came and brought her for treatment. She has stated that both her uncle and aunt died. On the basis of the fardbeyan of the informant Bati Kumari, Khunti P.S. Case No. 4 of 1999, corresponding to G.R. No.13 of 1999, was instituted for the offence under Sections 302 and 307 of the Indian Penal Code, against the accused Ramu Pahan, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.