DEBENDRA DEHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the impugned judgment dated 12.3.2003 in S.C. No. 90 of 2001 passed by the 1st Additional Sessions Judge, Dumka, the sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life for committing murder of Somesh Chandar Dehri, husband of the informant, Gendi Devi.

(2.) THE facts in brief are that an F.I.R. was registered on the basis of Fardbeyan of P.W. 9, Gendi Devi on 18.6.2000. The informant in the said Fardbeyan alleged that while she was returning from 'Haat' on 17.6.2000 alongwith her husband and mother and at about 8:00 P.M. when they reached near village Pipra, four persons namely Devendra Dehri, Laxman Dehri, Kisto Dehri and Hariya Dehri appeared and caught hold of her husband and then appellant Debendra Dehri assaulted her husband by means of a Tangi on his head due to which her husband fell down on the ground and then he cut the neck of her husband by means of Tangi due to which her husband died at the spot. The motive behind the occurrence was alleged to be the land dispute between the parties.

(3.) ON behalf of the prosecution altogether 10 prosecution witnesses were examined to establish the charges. The Investigating Officer was not examined. Even according to the prosecution, the informant is the only eye witness to the occurrence. The appellant has been convicted and sentenced by the Trial Court relying on the statement of the aforesaid eye witness P.W. 9, the informant.