KISTU BESRA 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 dated 19th January, 2007 and Order of sentence dated 24th January, 2007, passed by the learned 2nd Additional Sessions Judge, Pakur, in S.C. No. 171 of 2006, 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 fine of Rs. 5000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Dhena Kuri Hansda, the wife of the deceased Nazir Soren, recorded on 12.06.2006 at about 6:30 A.M. in the morning, at the place of occurrence, situated near the house of Longra Besra, in village Jamkanali, P.S. Amrapara, District Pakur, wherein she has stated that in the previous night at about 8:00 P.M., her niece Chhita Soren came running to her house and informed her that accused Kistu Besra was assaulting her husband by iron rod near the house of Longra Besra. The informant rushed to the place and when she reached near the house of Longra Besra, she found her husband Nazir Soren fallen unconscious on the village road, with the bleeding injuries on his head. Several persons had assembled there and she was informed that the accused Kistu Besra was quarrelling with his wife in which her husband Nazir Soren intervened, asking him as to why they were quarrelling amongst themselves, whereupon Kistu Besra had repeatedly assaulted her husband by an iron rod with the intention to cause his death, due to which her husband had fallen down being injured, and the accused had fled away. She sent her son to call a doctor, but no doctor came there. At about 12:00 A.M., in the night, her husband died at the spot. She has stated that several persons had seen the occurrence. On the basis of the fardbeyan of the informant, Amrapara P.S. Case No. 36 of 2006 corresponding to G.R. No. 346 of 2006, was instituted for the offence under Section 302 of the India Penal Code, against the sole accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.