SITARAM TUDU Vs. THE STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 24.03.2008 and Order of sentence dated 27.03.2008, passed by the learned Additional Sessions Judge (FTC-II), Seraikella-Kharsawan, in Sessions Trial No. 128 of 2005, whereby, the sole appellant has been found guilty and convicted for the offence under Section 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 a fine of Rs. 1,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Nikani Hansda, the wife of the deceased Bikram Hansda, recorded on 18.05.2005 at her house situated in the village Barabinda, Tola Nutandih, P.S. Chandil, District Seraikella Kharsawan, wherein, she has stated that on the previous night all the family members took their meal and they went to sleep about 10:00 P.M. The informant was sleeping with her husband Bikram Hansda on a cot in the aangan of the house. At about 02:00 A.M. she heard the sound of some footsteps, upon which she woke up and saw the accused Sitaram Tudu, armed with an axe, who assaulted her husband by the axe, who was sleeping on the cot, causing injuries on his head. Her husband died on the cot itself. The informant raised the alarm, but the accused fled away. After sometime, the accused again came with a baithi (used for cutting vegetables) but by that time several persons had assembled and they apprehended the accused. She has stated that the occurrence had taken place due to previous enmity. On the basis of the fardbeyan of the informant, Chandil P.S. Case No. 80 of 2005, corresponding to G.R. No. 420 of 2005, was instituted against the accused for the offence under Section 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.