KHEMLAL SAO Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 28-1-2009 passed by the learned 4th Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 48 of 2005, whereby the sole appellant has been found guilty and convicted for the offence under S. 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The appellant is the son of the deceased and the prosecution case was instituted on the basis of the fardbeyan of Most. Mungiya Devi, the mother of the appellant, recorded at Gola Police Station on 3-9-2004 at about 11:05 hours, wherein she stated that her husband late Mallu Sao was an employee of CCL and had retired four years ago. They had two sons and three daughters and all of them were married. After the retirement of her husband, her eldest son Khemlal Sao, who is the accused in the case, used to demand money from his father. On 3-9-2004, at about 9:30 a.m., the accused was demanding money from his father and when the same was denied, he assaulted his father by tabali (a sharp cutting weapon), causing injuries on his neck. The accused made another assault by the same weapon, causing injury on the shoulder of his father. When the younger son of the informant tried to save his father, he was also assaulted by this accused, but he could manage to save himself. Her younger son Shyamlal Sao, villagers and the Chaukidar of the village apprehended the accused-Khemlal Sao and they were being brought to the Police Station, when in the way, her husband died. Alleging that the accused-Khemlal Sao had committed the murder of his father, he was produced in the Police Station. On the basis of the fardbeyan, Gola P.S. Case No. 50 of 2004, corresponding to G.R. No. 2121 of 2004 was instituted against the accused-Khemlal Sao for the offence under S. 302 of the Indian Penal Code, and investigation was taken up. After investigation, charge-sheet was submitted against the accused.