CHHOTA RAMA PAHARIA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Appellant is aggrieved by the impugned Judgment of conviction dated 29th January 2008 and Order of sentence dated 5.02008, passed by the learned 6th Additional Sessions Judge, (F.T.C.-3), Godda, in S.T. No.287 of 2006 / 120 of 2007, 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 for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Brahmadev Paharia, the brother of the deceased Rama Paharia, recorded on 29.9.2006 at 11.05 A.M., at his house situated in village Gamharo, P.S. Sunder Pahari, District Godda. It is stated in the fardbeyan that on 27.9.2006, the deceased brother of the informant had gone to his relative's place along with his wife, and on 28.9.2006, they went to his in-laws' place, in village Goga. His wife Dohri Paharin came to village Gamharo and his brother remained there, where he took meal and liquor along with his brother-in-law. It is also stated that the accused Chhota Rama Paharia had also gone to the said village and he had also taken liquor and he left the village prior to the deceased. Subsequently, at about 7:00 P.M., the deceased also proceeded towards his village and in the way, the accused assaulted the deceased by stone, causing his death at the spot. The informant has stated that about 8.30 P.M., in the night, he was passing through that place and he saw the dead body of his brother and he also saw that the accused was sitting near the dead body. Thereafter, with the help of the villagers, he brought the dead body and the accused to his village. As to the cause of occurrence, it is stated that on the occasion of Makai Puja, chanda was collected from the villagers and there was dispute between the deceased and the accused for distribution of the money of chanda, due to which, the deceased had committed the murder. On the basis of the fardbeyan, Sundar Pahari P.S. Case No.32 of 2006, corresponding to G.R. No.946 of 2006, was instituted for the offence under Section 302 of the Indian Penal Code, against the accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.