JANESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 16.03.2007 and Order of sentence dated 17.03.2007, passed by the learned Additional Sessions Judge, FTC-II, Latehar, in S.T. No. 125 of 2005, 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 R.I. for life for the offence under Section 302 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of fardbeyan of the the informant Bhardul Singh, who is the son of the deceased, recorded on 27.06.2005 at village Sewan, Police Station Manika, District Latehar, at 13.30 P.M. According to the fardbeyan, on 26.06.2005, father of the informant was returning back from his in-laws' place and when he reached near his house, the accused Janeshwar Singh assaulted him by axe causing injury on him. The informant tried to save his father, but he was also threatened by the accused, whereupon he fled away from there. When he returned back to the place of occurrence along with his elder brother and other villagers, he found his father dead with multiple injuries. As to the cause of occurrence, it is stated that two sons of the accused had died by drowning in previous Diwali, for which the accused has lodged a case against the informant, his father and his brother, in which they were also in jail. About two months earlier, they were released from the jail and due to this enmity the murder of the father of the informant was committed by the accused. On the basis of the fardbeyan of the informant, Manika P.S. Case No. 14 of 2005, corresponding to G.R. No. 240 of 2005, was instituted for the offence under Section 302 of the Indian Penal Code against the accused Janeshwar Singh and investigation was taken up. After investigation the police submitted the charge-sheet in the case against the accused Janeshwar Singh.