NAJI SK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curie appointed by the Court for the appellant and the learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction dated 27.07.2011 and Order of sentence dated 28.07.2011, passed by the learned Sessions Judge, Pakur, in S.C. No. 62 of 2008, whereby the appellant has been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs.2,000/- for the said offence.

(3.) The prosecution case was instituted on basis of the fardbeyan of the informant Wahida Bibi, the wife of the deceased Sadik Sheikh, recorded on 31.12.2006 at about 8:00 P.M., at village Sahabajpur, P.S. Pakur (Mufassil), District Pakur, near the house of one Harishankar Saha, where the dead body of the deceased was found. The informant has stated that her husband Sadik Sheikh was looking after the agriculture in the said village, and for some work he had gone to the village Sahabajpur on that day at about 10.00 A.M., in the morning. At about 7.00 P.M. in the evening, the informant was informed at her village Bhawanipur, that her co-villagers Fitu Sheikh, Sariul Sheikh, Nafis Sheikh and Naji Sheikh, who were of criminal nature, had committed the murder of her husband at village Sahabajpur. As to the cause of occurrence, she has stated that these persons were turned out from the village due to their criminal nature, and they were asking her husband to become their informer, for which her husband was not agreeable and due to the said reason her husband was murdered. Upon getting the information, she along with her brother Asraful Sheikh went to the place of occurrence and saw the dead body of her husband in front of the house of Harishankar Saha, with several stab injuries on the dead body. Claiming, that the aforesaid accused persons had committed the murder of her husband, the fardbeyan was given by the informant, on the basis of which Pakur (Mufassil) P.S. Case No. 292 of 2006, corresponding to G.R. No. 01 of 2007, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the four named accused persons, and investigation was taken up. After investigation the police submitted the charge-sheet in the case. The record however, shows that the accused persons were tried separately, and in the present case, only the accused Naji Sk. was put to trial.