BHEEM SABAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Girish Mohan Singh, learned counsel for the appellant and Mr. Moti Gope, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 7/10/2013 passed by the learned Additional Sessions Judge- II, Jamshedpur in Sessions Trial No. 96 of 2009 by which the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and has been sentenced to rigorous imprisonment for life.

(3.) The prosecution story arises out of a fardbeyan given by Mangal Sabar to the effect that his father (appellant) is a drunkard who is habitually inclined to assault as a result of which the informant had left his house and started residing at Narga under Ghatsila Police Station. It has been alleged that on 12/11/2008 the accused came and informed him that his mother is now no more. At this the informant reached his village Ruhidih along with his relations Shrawan Sabar, Dhiren Sabar and Pancha Sah Sabar where he found his mother dead and saw mark of injuries by means of Kulhari near the right ear. He has stated that his house is at lonely place and no one stays there except his parents. It has further been alleged that on asking the accused as to who has committed the murder, the accused confessed and disclosed that the deceased had not prepared dinner and she had started abusing the accused which led to him giving a Kulhari blow upon her. It has further been alleged that the accused was caught by the villagers and the Kulhari was recovered but the blood stains were washed out.