SHANKAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Binod Kumar, learned counsel for the appellant and Mr. Shekhar Sinha, learned A.P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 16/2/2013 and order of sentence dtd. 20/2/2013 passed by Sri Arun Kumar Singh, learned District & Addl. Sessions Judge, II. Giridih, in Sessions Trial No. 26 of 2009 whereby and whereunder the appellant has been convicted for the offence under Ss. 302, 452 and 380 of the IPC as well as Sec. 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life for the offence punishable u/s 302 IPC, R.I. for 7 years and a fine of Rs.5,000.00 for the offence under Sec. 452 IPC, R.I. for 2 years and fine of Rs.2000.00 for the offence under Sec. 380 IPC and R.I. for 5 years for the offence under Sec. 27 of Arms Act and all the sentences are to run concurrently.

(3.) The informant-Kanhaiya Prasad Singh has lodged the First Informant Report on 23/8/2008 at about 11:00 PM that there was a sound of firing and shouting at which he had rushed to the house of his uncle-Bhagwan Prasad Singh. He saw on the cot near the varandha his cousin sister Subhadra Devi, lying in a pool of blood in an unconscious state. The daughter of Subhadra Devi, namely, Neha Kumari, aged about 12 years and who was sleeping in the same room, disclosed that her mother was sleeping near the door alongwith her one and a half year old brother, namely, Chotu, while she was sleeping in a separate cot with her younger sister Laxmi. She has further been disclosed that her maternal grand parents were sleeping in a separate room. She had heard the sound of firing and the cry of alarm raised by her mother. She saw a person of average structure fleeing away, at which she raised a cry of alarm and her maternal grand parents also arrived. She has also disclosed that she had seen the intruder in the light of the bulb, which was burning inside the house. On search, it was found that a Nokia mobile belonging to her cousin brother was also stolen away. It has been alleged that Subhadra Devi died on the way to the hospital.