KHUDU SONAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Suraj Singh, learned counsel for the appellant and Mr. Ram Prakash Singh, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment dated 20.12.2014 passed by the learned 1st Additional Sessions Judge, Seraikella in connection with S. T. No. 26 of 2010 by which the appellant has been convicted for the offence under Section 302 and 325 of I.P.C. and has been sentenced to undergo R.I. for life and a fine of Rs. 5,000/- for the offence under Section 302 of I.P.C. and R.I. for 4 years and a fine of Rs. 5,000/- for the offence under Section 325 of I.P.C. and both the sentences are to run concurrently.

(3.) An FIR was instituted by Subitra Sonar to the effect that in the night previous to the institution of the FIR, her husband had gone to have meal with her maternal uncle (appellant). After her husband returned, he had told that he would get back his land and he left for the house of his maternal uncle. It has been alleged that the maternal-unclein-law of the informant had illegally kept in possession the land of the deceased for the last 10-12 years. Her husband returned at about 10:00 P.M. and started having his food. It has been alleged that in the meantime, his maternal uncle - Khudu Sonar (appellant) came with an iron rod (Khanti) and threatened her husband since her husband had assaulted Digli, the daughter of Khudu Sonar. It has also been stated that Khudu Sonar had started assaulting the deceased and when the informant and her mother-in-law Saho Sonar tried to save the deceased Satar Sonar, they were also assaulted which resulted in Saho Sonar suffering injury on her right leg. Thereafter he fell down on the ground and the appellant keeping the rod on neck put pressure which resulted in instant death of her husband. The informant and others out of fear could not inform the neighbours and after Khudu Sonar left the place, they informed others. The reason for the occurrence was the dispute existing between both the parties for the last 12 years.