JITEN MARDI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 20th February 2007 and Order of sentence dated 21.02007, passed by the learned 5th Additional Sessions Judge, East Singhbhum, Jamshedpur, in S.T. No.460 of 1996, whereby, the sole appellant has been convicted for the offences under Sections 302 and 354 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, and rigorous imprisonment for six months for the offence under Section 354 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Bharti Tuddu, wife of Balram Tuddu, recorded on 8.06.1996 at about 2:00 P.M., at her house situated in Village Jhujhka, Tola Meghadah, P.S. Patamda, District East Singhbhum, Jamshedpur, wherein she has stated that on the previous day, i.e., on 7.06.1996, she had gone to the forest along with her sister-in-law (nanad) Chunni Tudu and one Parvati Majhian, where they were plucking the leaves. At some distance, one person, aged about 30 years, was cutting the wood and that person caught hold her sister-in-law Chunni Tuddu with bad intention, and upon the alarm raised by her, the informant Bharti Tuddu and Parvati Majhian came to her rescue. The unknown person could be identified by Parvati Majhian and she asked him as to why, he was behaving like that. Whereupon, that person assaulted Parvati Majhian by axe, severing her head from the trunk, due to which, she dropped dead at the spot itself. Upon seeing this, the informant started fleeing away with her sister-in-law Chunni Tuddu, but the accused assaulted Chuuni Tuddu from behind, by axe, injuring her on her head and back. Anyhow, they came to house. As her sister-in-law was in precarious condition, she was sent to the nearby hospital at Bandwan, where she was undergoing treatment. The villagers searched the culprit in the forest, but he managed to flee away. The informant claimed to identify the accused upon seeing him. On the basis of her fardbeyan, Patamda P.S. Case No.14 of 1996, corresponding to G.R. No.1122 of 1996, was instituted against unknown for the offences under Sections 354, 302, 324 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against the accused.