HARI SHANKAR DEHURI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 07.03.2006 and Order of sentence dated 09.03.2006, passed by the learned Additional Sessions Judge, Ghatsila, in Sessions Trial No. 305 of 2004, 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 appellant has been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Jyoti Shree Dehuri, the wife of the deceased Jitan Dehuri, recorded on 08.02004 at 09:45 P.M., near her house, situated in village Pathri, P.S. Baharagora, District East Singhbhum, wherein, she has stated that about five years ago she was married to the deceased at Rourkela, where her husband was working in a medical shop. About two years ago her father-in-law died, and the family members were residing at Rourkela. About 4 to 5 months ago, her husband came back to the ancestral village Pathri, and started living there and about 2 to 3 months earlier, he also called her and they were living in the house of their uncle Late Nimai Dehuri. Prior to that, her husband was living in the house of his uncle Hari Shankar Dehuri, the present accused, as it was a joint family, but he was asked to leave the house and thereafter they were living in the house of Late Nimai Dehuri. Her husband wanted to build a house on the nearby vacant land, but it was not acceptable to her uncle-in-law Hari Shankar, as he was afraid of partition in the property and he was insisting them to go back to the Rourkela. In the previous night, her husband had gone to work in a brick kiln and on 08.02004 in the morning, there was a quarrel between Hari Shankar and her aunt-in-law Kamla Dehuri, and he was insisting to turn out the informant from the house and also to throw their belongings. She sent the information to her husband and her husband came and he was going to ask Kishan Dehuri, her brother-in-law, about the occurrence. In the meantime at about 08:30 A.M., the accused Hari Shankar came armed with a sword abusing her husband, and pierced the sword in the chest of her husband, due to which her husband fell down and died at the spot. Claiming that the accused had committed the murder of her husband, the fardbeyan was given by the informant, on the basis of which, Baharagora P.S. Case No. 16 of 2004, corresponding to G.R. No. 94 of 2004, was instituted against the sole accused, for the offence under Section 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.