DEVNISH DHAN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 14th March, 2005 and Order of sentence dated 17th March, 2005, passed by the learned Additional Sessions Judge, FTC-I, Chaibasa, in S.T. No. 174 of 2004, whereby, the sole appellant has been found guilty and convicted for the offence under Sec. 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. 4,000.00 for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Anju Rojlin Dhan, who is none else than the mother of the appellant, recorded on 25.12.2003, at about 07:00 A.M., at her house situated in village Nuiya, near forest check naka, P.S. Gua, District West Singhbhum. She has stated that on the previous day, i.e., on 24.12.2003 at about 11:45 P.M. in the night, when she returned from Church, she was informed by her daughter Lotika Dhan that her son Devnish Dhan, who is the present appellant, has committed the murder of his friend Harsh Nath Choudhary, whose dead body was lying near the forest check naka. Upon getting the information, the informant went to the place of occurrence and found the deceased dead with bleeding injuries in his leg. In the meantime, the accused also came there in a drunken condition and he tried to assault his mother also, whereupon, she confined herself in a nearby house. In the morning the police arrived when she gave her fardbeyan to the police. She has also stated that her son had committed murder earlier also, in which he was earlier jailed. On the basis of her fardbeyan, Gua P.S. Case No. 45 of 2003, corresponding to G.R. No.533 of 2003, was instituted against the sole appellant for the offence under Sec. 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.