PARSURAM TUDDU @ PASIYA TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This jail appeal is directed against the Judgment of conviction dated 13th April 2006 and Order of sentence dated 18th April 2006, passed by the learned 3rd Additional Sessions Judge, (F.T.C), Dumka, in S.C Case No.146 of 2004, whereby, the sole appellant has been found guilty and convicted for the offence under Sections 302 & 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Sec. 302 of the Indian Penal Code and R.I for five years for the offence under Sec. 201 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(2.) We have heard learned counsel for the State. No one has appeared for the appellant, as such, we have gone through the records of the case.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Dheneshwar Pahariya, who is the son of the deceased. He has stated in the fardbeyan that on 10.12.2003 at about 4:00 P.M, the accused, Parsuram Tuddu came to his house and took his father Shyamlal Paharia along with him for wine and dine, on the pretext that he had performed worship of harvesting. His father went with Parsuram Tuddu, but he did not return back in the night. On the next morning, near a bush, his dead body was found with some injuries on the face and some teeth were broken. The smell of wine was also coming from the mouth. Alleging that the accused Parsuram Tuddu had committed the murder of his father, the fardbeyan was recorded, on the basis of which, Saraiyahat P.S Case No.180 of 2003, corresponding to G.R No. 1225 of 2003, was instituted for the offence under Sections 302, 201 / 34 of the Indian Penal Code and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.