BIJAY DEHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by the Court for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 29th May, 2007 and Order of sentence dated 31st May, 2007, passed by the learned Sessions Judge, Dumka, in Sessions Case No. 103 of 2004, whereby, the sole appellant has been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and a fine of Rs. 500/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Sukumar Dehri, a chowkidar, recorded on 12.11.2003 at about 11.45 hours at village Chhota Phuljhinjhri, P.S. Kathikund, District Dumka, wherein he has stated that he was a chowkidar and since he was keeping ill, at times he used to send his brother-in-law Gera Dehri on duty at his place. He has stated that on the previous day, i.e., 11.11.2003 at about 9:00 P.M. one villager of Phuljhinjhri came and informed him that there was some quarrel with his brother-in-law, whereupon he went there and saw his brother-in-law dead. One Chhota Budhna of the village informed him that three persons including this appellant, had assaulted the deceased at Daldali Dangal, who also made extra judicial confession to that effect. The accused persons were apprehended and the deceased was brought to his village along with the three accused, who were handed over to the villagers. The deceased died in the night on 11.11.2003 itself. On the basis of the fardbeyan of the informant Sukumar Dehri, Kathikund P.S. Case No. 65 of 2003, corresponding to G.R. No. 1141 of 2003, was instituted for the offence under Sections 302 / 34 of the India Penal Code, against three named accused persons, including the present appellant, and investigation was taken up. After investigation, the police submitted the charge-sheet against the appellant, showing the other two accused as absconders.