NANHU MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 9.2009 and Order of sentence dated 10.2009, passed by the learned Sessions Judge, Garhwa, in S.T No.10 of 2006, whereby, the sole accused 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 accused has been sentenced to undergo R.I for life and fine of Rs.5000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Santosh Kumar Mehta, the son of the deceased, Ramesh Mehta, recorded on 20.6.2005 at about 8 A.M at his house in village Raja Ghatohuan, P.S. Manjhion, District Garhwa. According to the fardbeyan, in the previous night, the deceased was sleeping on his verandah and the informant Santosh Kumar Mehta was also sleeping nearby, on another cot. At about 1.30 A.M in the night the informant woke up on some sound and he saw that the accused Nanhu Mehta, who is also an agnate of the informant and uncle in relation, was cutting his father by a garasa, whereupon he raised the alarm, and he was also threatened by the accused. Upon the alarm raised by the informant, his uncle Prasad Mehta came there and the accused fled away along-with the garasa. Thereafter other persons also assembled at the place of occurrence and saw the dead body of the deceased with his neck slit, lying in the pool of blood on the cot. His father was sleeping at the time of assault, and he could not even raise his voice, while he was killed. The informant has also stated that there was trail of blood from the place of occurrence to the house of the accused. It is also stated in the fardbeyan that the occurrence had taken place due to some money dispute between the parties which related to drawing toddy, due to which there was some altercation between them, and the accused had also threatened to take revenge. Claiming that the accused Nanhu Mehta had committed the murder of his father while he was sleeping in the night, the fardbeyan was given by the informant Santosh Kumar Mehta, on the basis of which Manjhion (Kandi O.P.) P.S. Case No. 67 of 2005, corresponding to G.R. No. 512 of 2005, was instituted for the offence under Section 302 of the Indian Penal Code, against the accused Nanhu Mehta and investigation was taken up. After investigation the police submitted the charge-sheet in the case.