SONA NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 21. 11. 2006 and Order of sentence dated 23. 11. 2006, passed by the learned Additional Sessions Judge, F. T. C-II, Seraikella, in Sessions Trial No. 180 of 2005, 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. 5,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Rukhi Nayak, the mother of the deceased, Madhuri Nayak, a female child aged about 6 years, in which she has stated that on 9. 10. 2005 in the morning, she saw the accused Sona Nayak, who is her neighbour, plucking the Neem twigs (Datun) from her Neem tree, which was objected. Thereafter, the informant was going to take ration at the P. D. S. shop and when she was in her way to the shop, one Sadai Nayak, who is the husband of her sister, came running and informed that the accused, Sona Nayak was cutting his daughter by bhujali, whereupon she ran towards her house and saw the accused fleeing away with the bloodstained bhujali. She saw the dead body of her daughter with sharp cut injuries on her neck. In her fardbeyan, the informant claimed that the accused Sona Nayak had committed the murder of her daughter by bhujali, as he was objected from plucking the Neem twigs in the morning. On the basis of the fardbeyan of the informant, Gamharia P. S. Case No. 103 of 2005, corresponding to G. R No. 834 of 2005, was instituted for the offence under Section 302 of the Indian Penal Code against the sole accused. After investigation, the police submitted the charge-sheet in the case.