LADURA CHERWA @ JOTO CHERWA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 23.05.2006 and Order of sentence dated 26.05.2006, passed by the learned Additional Sessions Judge, F.T.C.-V, West Singhbhum, Chaibasa, in S.T. No. 05 of 2005 / S.T.R. No. 02 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 for the said offence.

(3.) The prosecution case was instituted on the basis of the F.I.R. lodged by the informant Rajesh Cherwa, the brother of the accused appellant, at Gua Police Station on 18.8.2004 at about 7.00 A.M., wherein he has stated that his father had two wives, he and his brother Ladura Cherwa were from the first wife, and the second wife was issueless. His father and his first wife had died earlier, but his step mother was alive. Both the brothers were living separately, and the house of the informant was at some distance. The step mother was also separate in mess. On 17.8.2004, he was informed by the villagers that his younger brother Ladura Cherwa had assaulted his step mother by tangi causing her death. Upon getting information, he went to the house and saw the dead body of his mother in front of the house and his brother was absconding. He enquired from the wife of his brother who informed him that in the last night at about 8.00 P.M., there was some quarrel between his brother and step mother, in course of which Ladura Cherwa had assaulted his step mother Ruibari by tangi, causing her death. As it was raining on 17.8.2004, the informant could not come to the Police Station in absence of any means of transport, and on 18.8.2004 the informant along with Gusa Cherwa, the Munda of the village, went to the Police Station and gave his statement about the occurrence. On the basis of the statement of the informant Rajesh Cherwa, Gua P.S. Case No. 30 of 2004 corresponding to G.R. No. 357 of 2004, 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.