DUKA CHATAR 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 impugned Judgement of conviction and Order of sentence dated 14.06.2007, passed by the learned Sessions Judge, West-Singhbhum, Chaibasa, in S.T. No. 265 of 2005, whereby, the sole accused has been found guilty and convicted for the offence under Sec. 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 10,000.00 for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant, Dibru Chatar, the Munda of the village Gitilipi, Tola Gardisai, P.S. Jagarnathpur, District West-Singhbhum, Chaibasa, recorded on 22.7.2005, at about 3:00 P.M., wherein he has stated that on 22.7.2005 in the morning, he was informed that Chakru Chatar was murdered, whereupon he along with his Dakua Bikram Leyangi, went to the place of occurrence, and he found the dead body of Chakru Chatar in front of his house. There were head injuries on the dead body and the face was smashed. It also appeared that the deceased had been murdered by strangulation, on the village road and he was dragged to his house where the dead body was left. The People nearby informed him that in the night, there was a quarrel between the deceased and the accused, Duka Chatar and Duka Chatar was assaulting the deceased by fists, kicks and belt. When people tried to save him, they were threatened and asked to go away, and he was informed that the deceased was strangulated to death. On the basis of the fardbeyan of the informant, Jagarnathpur P.S. Case No. 45 of 2005 corresponding to G.R. No. 432 of 2005, was instituted for the offence under Sec. 302 of the Indian Penal Code, against the accused Duka Chatar, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.