BALAY BANARJEE Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 211.2008 and Order of sentence dated 28.11.2008, passed by the learned Additional Judicial Commissioner, F.T.C.-VIII, Ranchi, in Sessions Trial No. 98 of 2007, whereby, the appellant has been found guilty and convicted for the offence under Sec. 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life with fine of Rs. 5,000.00, for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Nirmal Bediya, who was an employee in the poultry farm of the deceased Vinay Banarjee, recorded on 10.08.2006 at the poultry farm of the deceased, situated at village Khirabera Basbagan, P.S. Ormanjhi, District Ranchi, wherein, the informant has stated that on 09.08.2006 after the sale of chicken in the poultry farm, the informant went away. In the morning at about 08:00 A.M., the informant again came to the poultry farm on his duty, when he saw that there was a mob standing near the poultry farm and the owner Vinay Banarjee was lying dead in the pool of blood. There was bleeding injury on the head and injuries on the other parts of the body. He has stated that in the presence of the police and in the presence of the witnesses, as also the informant, the accused Balay Banarjee, who is the own younger brother of the deceased, confessed that he had committed the murder of the deceased in the previous night at about 11.00 P.M., after an altercation between the deceased and the accused in which the deceased had abused the accused and his wife in filthy languages, whereupon, he had assaulted the deceased by a bamboo and dabia (sharp cutting weapon). The informant has also stated that there was enmity between the deceased and the accused due to property. On the basis of the fardbeyan of the informant, Ormanjhi P.S. Case No. 78 of 2006, corresponding to G.R. No. 1738 of 2006, was instituted against the accused for the offence under Sec. 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.