PATEL KATWAR Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 11th of March, 1993 and Order of sentence dated 12th of March, 1993, passed by the learned 2nd Additional Sessions Judge, West Singhbhum at Chaibasa, in Sessions Trial No. 8 of 1990, whereby, the appellant has been found guilty and convicted for the offences under Sections 302 / 34 and 323 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 Sections 302 / 34 of the Indian Penal Code and further sentenced to undergo simple imprisonment for 4 months for the offence under Section 323 of the Indian Penal Code, and both the sentences were directed to run concurrently. It may be stated that the other two co-accused, who were the own brother and nephew of the informant, and who had faced the trial along with the appellant, have been acquitted of the charges.

(3.) The prosecution case was instituted on the basis of fardbeyan of Raibu Paik, who is father of the deceased Parsan Paik, recorded on 15. 2. 1989, stating therein that on the previous night he was sleeping in the courtyard of his house, where his daughter Nilmani Paikin was also sleeping. At about mid-night he woke up upon the alarm raised by his daughter and he saw three persons in the courtyard, one of whom was having torch in his hand and one person was having bhujali. He caught one accused, and another accused came and assaulted him by bhujali, causing injuries on his head, hand and back. It is further alleged that his daughter Nilmani Paikin had also caught one accused, and she was also assaulted by bhujali. Upon raising the alarm, his son Parsan Paik came from the nearby house to save them, whereupon, all the three accused persons assaulted him by bhujali, causing his death at the spot. The informant has stated that the accused, who was caught by Nilmani Paikin was Patel Katwar and other two accused persons had covered their faces with cloths. He has stated that his goat had destroyed the potato crop of his brother Somra Paik and has suspected that Somra Paik got the offence committed by Patal Katwar and other two persons. On the basis of the fardbeyan of the informant, Chakradharpur P. S. Case No. 11 of 1989, corresponding to G. R. No. 47 of 1989 was instituted for the offences under Sections 302, 307, 326 / 34 of the Indian Penal Code, against the appellant Patel Katwar and two unknown persons, and investigation was taken up. After investigation the police submitted the charge-sheet against the accused appellant Patel Katwar and also against Somra Paik and Radha Krishna, who are the brother and nephew of the informant.