PARMANAND DAS Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the judgment of conviction dated 21.12.2006 and Order of sentence dated 23.12.2006, passed by the learned 5th Additional Sessions Judge, F.T.C.-2, Godda, in Sessions Case No. 126 of 2005/91 of 2005, whereby, the sole accused has been found guilty and convicted for the offences under Sections 302, 307 and 324 of the Indian Penal Code. Upon hearing on the point of sentence, the accused has been sentenced to undergo R.I. for life and a fine of Rs.1,000/- for the offence under Section 302 of the Indian Penal Code. He was also sentenced to undergo RI for 5 years and a fine of Rs.5,000/- for the offence under Section 307 of the Indian Penal Code. In view of the fact that he was sentenced for the offence under Section 307 of the Indian Penal Code, no separate sentence has been passed for the offence under Section 324 of the Indian Penal Code. The sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Ranjit Das alias Guddu Das, who is the son of the deceased Ugani Devi, and brother of the accused, recorded on 30.03.2005 at Village Maheshlitti, P.S. Pathargama, in the District of Godda, at 12.30 a.m. in the night. In the fardbeyan it is stated that at about 5 p.m. in the previous evening, he heard the alarm raised by his bhabhi Rukmani Devi (the wife of this accused) and saw his brother, Parmanand Das coming out of his house with a spade and he chased the informant to assault him, but the informant saved himself by fleeing away. In the meantime, he assaulted one Most. Urmila Devi by the spade causing injuries on her and also assaulted his niece, aged about 3 years, and started fleeing away on the road, trying to assault anyone who would come in his way. He was apprehended by the villagers and the spade was taken away from him and he was kept tied by the villagers. Thereafter the informant went into the house and found his mother, Ugani Devi, aged about 70 years, lying dead in the courtyard in the pool of blood with cut injuries on her neck. His bhabhi, Rukmani Devi was also lying injured with bleeding injury on her head. She informed the informant that her husband, Parmanand Das had assaulted his mother, while she was smearing the courtyard with cow dung, causing her death and he had also assaulted and injured her. On the basis of the fardbeyan of the informant, Pathargama P.S. Case No.45 of 2005 corresponding to G.R. No.325 of 2005, was instituted against the accused Parmanand Das, for the offences under Sections 302, 307 and 324 of the Indian Penal Code, and investigation was taken up. After investigation, the Police submitted the chargesheet against the accused.