LAWS(JHAR)-2018-11-164

SARAT BAGTI Vs. STATE OF JHARKHAND

Decided On November 22, 2018
Sarat Bagti Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Indu Bhushan Gupta, learned counsel for the appellant and Mr. Md. Azeemuddin learned APP for the State.

(2.) This appeal is directed against the judgment of conviction and sentence dtd. 8/1/2003 passed in Sessions Case No. 128 of 2001 by learned Additional Sessions Judge-I, Dumka by which the appellant has been convicted for the offence u/s 302 of the Indian Penal Code (I.P.C.) and sentenced for imprisonment for life.

(3.) The prosecution story in brief is that in the night of 4/11/2000 the brother of the informant, namely, Ajoy Chakrabarti had got up and went to attend the call of nature towards the pond. Subsequently much later, the informant had woken up on the sound of alarm and on opening the door he came out from his house and saw that his brother Ajoy Chakrabarti was lying in an unconscious state and on such scene the informant had raised alarm which resulted in assemblage of his family members. It has been stated that water was sprinkled on the head of his brother who regained consciousness and thereafter implicated the appellant as the person who had shot an arrow at him. At about 5.30 a.m. the informant and others were taking Ajoy Chakrabarti to the Hospital but on the way he died. The reason for the occurrence is that there was a rumour that Ajoy Chakrabarti had illicit relationship with the wife of the appellant and six months prior to the occurrence there was a quarrel between the appellant and the brother of the informant. Based on the aforesaid allegation Raneshwar P.S. Case No. 53 of 2000 was instituted for the offences punishable u/s 302 of the I.P.C. in which charge-sheet was submitted and after cognizance was taken charge was framed u/s 302/ 201 I.P.C. to which the appellant pleaded not guilty and claimed to be tried.