SOMA BAS MAHALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 31.07.2003, passed by learned Additional Judicial Commissioner- II, Khunti, in Sessions Trial No. 143 of 2002, whereby the sole appellant, has been charged under Section 302 of the Indian Penal Code but has been convicted for the offence committed and punishable under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years.

(2.) The prosecution case is based upon the fardbeyan of Jagro Bas Mahali (P.W. 4) recorded by Sub-Inspector of Police, B.N. Jha of Tamar Police Station on 17.11.2001 at 10.45 Hours at Lodhma village. The informant has alleged that yesterday (16.11.2001) at around 5.00 P.M., there was Govardhan Puja near the house of Shasi Bas Mohali, where several males and females were present. It is alleged that Soma Bas Mahali was joking with the female members by asking them, that today he will celebrate by eating, drinking and dancing. Soma Bas Mahali was also using vulgar words, which was protested by the Abhi Bas Mahali (deceased) by saying that females are related either as wife, daughter-inlaw or daughter, upon which Soma Bas became angry and assaulted Abhi Bas Mahali by means of lathi on his head, near the house of Shashi Bas Mohali, causing bleeding injury on the head and thereafter Abhi Bas Mahali became unconscious. The injured was brought to his house where local treatment was given but the victim died in the night at 02.00 AM and thereafter the chowkidar was informed about the occurrence.

(3.) On the basis of the fardbeyan, police has registered Tamar P.S. Case No. 101 of 2001 dated 17.11.2001, under Section 302 of the Indian Penal Code against the accused Soma Bas Mahali.