JOME PAHARIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae and learned APP appearing on behalf of the State.

(2.) The present Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 18.09.2004 passed by learned 5th Additional Sessions Judge, Fast Track Court No. 2, Godda, whereby the sole appellant, Jome Pahariya has been convicted for the offence under Section 304 Part-II of the Indian Penal Code and further awarded sentence to undergo rigorous imprisonment for 7 years with a fine of Rs. 500/- and in default of fine, simple imprisonment for a period of 2 months.

(3.) The prosecution case as has been made out on the basis of the statement of one Jalia Paharin, wife of the deceased recorded by Sub Inspector of Police, N.K. Sharma, Sundar Pahari Police Station, on 01.11.2009 alleging inter alia as follows: