BASUDEO THAKAR Vs. STATE JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the Judgment of conviction and order of sentence dated 11th July, 2003 passed by the learned Additional Sessions Judge, FTC-VIII Hazaribagh in Sessions Trial No. 322 of 1990 whereby the sole appellant has been convicted under section 304 Part-II of the Indian Penal Code and has been awarded sentence to undergo R.I for seven years., although in the same trial, the learned trial court has acquitted Sabitri Devi and Dhaneshwari Devi from the charge under section 337 of the Indian Penal Code, but no appeal has been preferred either by the informant or by the State.

(2.) The prosecution case has been launched on the basis of the Fardbeyan of Bhuneshwar Thakur (Informant) S/o of Khemlal Thakur (deceased), resident of Village-Chutiyaro P.S-Muffasil, District Hazaribagh, recorded by Sri. A.K. Sinha, Officer In-charge of Muffassil police station on 9.1.1989. It is alleged in the Fardbeyan that on 4.1.1989 at about 9 a.m, when his father was returning home after mediation between Bishun Thakur and Sukur Thakur with regard to their land dispute, Basudeo Thakur (appellant) by means of a three feet long dry wooden stick assaulted on the head of his father Khem Lal Thakur causing bleeding injury thus, his father became unconscious. Thereafter, informant's father was taken to Sadar Hospital, Hazaribagh, where after first aid, he was referred to RMCH Ranchi. In course of treatment, informant's father died at 12 O' clock mid night at Ranchi hospital on 08.01.1989 and thereafter fardbeyan of informant was recorded by police of Muffasil P.S. Hazaribagh on 09.01.1989.

(3.) On the basis of the Fardbeyan of the Informant, the case was registered as Sadar (Muffasil) P.S Case No. 9 of 1989 dated 09.01.1989 under sections 323/337/304/34 of the Indian Penal Code and after completion of investigation, charge-sheet was submitted vide no.34/89 dated 06.01989 under sections 323, 337/304 of the Indian Penal Code and cognizance was taken and the case was committed to the court of sessions. Thereafter charges under section 304 of the Indian Penal Code was framed against the appellant and under sections 337 of the Indian Penal Code against co-accused persons who were ladies.