SUSHIL BHENGRA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 24.11.2008 and Order of sentence dated 27.11.2008, passed by the learned Additional Sessions Judge, F.T.C., Simdega, in S.T. No. 42 of 2006, whereby, the sole appellant 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 R.I. for life with a fine of Rs. 25,000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of written report addressed to the Incharge of Police Out Post Girda, under Bano Police Station, District Simdega, on 8.12.2005, by the informant Jageswar Nayak, stating therein that on the previous date, i.e., on 07.12.2005 at about 6:00 P.M., in the evening, his brother Mahabir Nayak was standing outside his house, when the accused Sushil Bhengra came there armed with tangi, and assaulted his brother by blunt portion of the tangi, causing his death at the spot. It is stated that few days prior to the occurrence, the accused had assaulted and injured the bull of the deceased and he was also not allowing the deceased to take water from his well, due to which there was some dispute between both of them, and for those disputes, he was killed. On the basis of the written report given by the informant, Bano P.S. Case No. 36 of 2005, corresponding to G.R. No. 363 of 2005, was instituted against the sole accused, for the offence under Section 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted charge sheet in the case.