KANHAI HANSDA 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 11.10.2007, passed by the learned Addl. Sessions Judge, Ghatshila, in S.T. No.20 of 2006, whereby the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, on the allegation that he had committed the murder of his own son. Upon hearing on the point sentence, the appellant has been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on basis of the fardbeyan of the informant, Nimai Hansda, the son of the accused and brother of the deceased Doctor Hansda, recorded on 15.9.2005 at M.G.M Hospital, Jamshedpur, wherein it is stated that on 14.9.2005 at about 6:00 P.M, there was a quarrel between his father Kanhai Hansda and his brother Doctor Hansda, as they were in drunken state. In the meantime, his father Kanhai Hansda brought a basuli (a wood cutting instrument used by carpenters) from the house and assaulted his brother Doctor Hansda on his head and neck, injuring him. His injured brother tried to flee away, but he fell down due to the injuries. He was brought to the hospital where he was declared dead. On the basis of the Fardbeyan of the informant, Chakulia P.S Case No.59 of 2005, corresponding to G.R No. 415 of 2005, was instituted for the offence under Section 302 of the Indian Penal Code, against the sole accused and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.