WAKIL HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 27.01.2015 and Order of sentence dated 29.01.2015, passed by the learned Addl. Sessions Judge-I, Pakur, in Sessions Case No. 65 of 2009, whereby, the appellant has been 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 rigorous imprisonment for life and fine of Rs. 25,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Sonoti Murmu, the wife of deceased Babudhan Marandi, in her village Banskendri (Latartola), P.S.- Maheshpur, District- Pakur, on 12.2.2009, at 9.40 A.M. in the morning, wherein, she has stated that on the previous day, i.e., 11.2.2009 in the evening, at about 7.00 PM, her husband had visited her maternal aunt's (Mousi's) place on the occasion of the festival (Sohrai), and thereafter, he had gone to the house of Wakil Hansda (the appellant), where there was a hearth with fire in the courtyard and he sat warming himself at the said fire along with other members of that family. Wakil Hansda was inside his house. He came out of his house and assaulted her husband by wooden shaft near his ear, due to which he died at the spot. On the basis of the fardbeyan given by informant, Maheshpur P.S. Case No. 14 of 2009, corresponding to G.R. No. 102 of 2009, was instituted for the offence under Section 302 of the Indian Penal Code, against the sole accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.