RAJENDRA BIND Vs. 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 dtd. 13/2/2006 and Order of sentence dtd. 16/2/2006, passed by the learned 1 st Additional Sessions Judge, Garhwa, in S.T. No. 379 of 1995, whereby, the appellant along with co-accused Sikeshwar Bind, has been found guilty and convicted for the offences under Ss. 302 / 34, 323 and 341 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life, with a fine of Rs.2000.00, for the offence under Sec. 302 / 34 of the Indian Penal Code. No separate sentence was passed for the offences under Ss. 323 and 341 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the FIR lodged by the informant Paras Prasad, son of the deceased Baijnath Bind, on 27/3/1991 at about 9:00 A.M., at Nagar Untari Police Station, in the District of Garhwa, wherein, he has stated that on the previous day, i.e., on 26/3/1991, in the evening at about 7:00 P.M., when his father was returning back from the brick kiln, the accused persons, namely, Sikeshwar Bind, Nagina Bind, Rajendra Bind (the appellant) and Indradeo Bind surrounded him and started assaulting him. Rajendra Bind was armed with Tangi and others were armed with Lathi, and they started assaulting his father, upon which, Lilawati Devi, the wife of the informant, raised the alarm and the informant also went to save to his father, when he was also assaulted by Sikeshwar Bind by Lathi causing injuries to him. His father was lying injured, and he asked for water, and soon after taking water, he died at the spot. About the cause of occurrence, it is stated that both the sides were working in the brick kiln and about three years ago, his sister's daughter was married to Rajendra Bind, whom he had left about two years ago. Thereafter she was married to another person, due to which, the accused persons had committed the offence. On the basis of the information given by the informant, Nagar Untari P.S. Case No. 45 of 1991, corresponding to G.R. No.215 of 1991, was instituted for the offences under Ss. 341, 323, 302 / 34 of the Indian Penal Code, against the named accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.