RAGHUNATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 24th March 2007 and Order of sentence dated 28th March 2007, passed by the learned Sessions Judge, Saraikella-Kharsawan, in S. T. No. 26 of 2006, whereby, both the accused persons were found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Sunil Singh, recorded on 16. 12. 2005 at 2:30 PM in his village, wherein, he has stated that his father late Chaitanya Singh had two wives. The first wife is the accused Adho Muni Singh and the accused Raghunath Singh is her son, and the second wife was Kamla Singh, the mother of the informant. It is stated that his father was having about five bighas of land, and after the death of his father, the first wife and his son were tilling the entire land, and whenever his mother demanded the share in the property, they used to quarrel and to abuse in filthy languages. It is alleged that on the previous day, i. e. , on 15. 12. 2005, there was a quarrel between both the wives of his late father for the share in the land, whereupon, Adho Muni Singh, who is his elder mother, again started abusing his mother in filthy languages and she called her son Raghunath Singh, asking him to kill his mother, as she was always demanding the share in the property. His elder brother also came and started abusing them in filthy languages and he took the informant towards the side of the road. Thereafter, he returned and started assaulting his mother. The informant also followed him. His elder mother asked her son to kill the mother of the informant, stating that so long as she remains alive, she will always be demanding share in the property, whereupon, the accused Raghunath Singh went inside of the house, brought a tangi and assaulted his mother by tangi, due to which, his mother fell down and died at the spot. He started crying and raised the alarm, whereupon, villagers assembled and the accused fled away with tangi. On the basis of the fardbeyan of the informant, Nimdih P. S. Case No. 66 of 2005, corresponding to G. R. No. 1006 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against both the accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.