SULEMAN KULLU @ MANGRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by the Court for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 24th April, 2009 and Order of sentence dated 29th April, 2009, passed by the learned Additional Sessions Judge, Fast Track Court, Simdega, in S.T. No. 80 of 2007, whereby, the sole accused 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 imprisonment for life and fine of Rs.20,000/- for the said offence.

(3.) The prosecution case was instituted on the fardbeyan of the informant Mariam Kiro, the wife of the deceased Matias Kiro, recorded on 18.04.2007 at 9.20 hours near village Sikariatand, P.S. and District Simdega, wherein it is stated that on 16.04.2007 at about 6.00 p.m. in the evening, the informant was sitting in the courtyard of her house with her husband Matias Kiro, who had returned after the day's work. One Flora Kullu was also sitting there and all of them were talking. In the meantime, the accused Suleman Kullu @ Mangra came there armed with tangi, which he was concealing behind his back, and he gave an assault upon Flora Kullu, but the assault missed and Flora Kullu was not injured. Thereafter, he assaulted her husband by tangi on his back and as soon as her husband turned back to see him, he assaulted her husband by tangi near his ear causing bleeding injury, whereupon her husband fell down writhing in pains. The informant tried to apprehend the accused, but he managed to flee away leaving the axe embedded in the injury of her husband. Her husband died at the spot. She had also brought the axe with her, while she was taking the dead body of her husband to the Police Station. On the basis of the fardbeyan, Simdega P.S. Case No. 60 of 2007, corresponding to G.R. No. 147 of 2007, was instituted for the offence under Section 302 of the India Penal Code, against the sole accused Suleman Kullu @ Mangra, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.