OM PRAKASH MAHATO @ PETU Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 06th August, 2005 and Order of sentence dated 08th August, 2005, passed by learned Additional Sessions Judge, F.T.C.-II, Ghatsila, in S.T. No. 60 of 2004, whereby, the sole appellant has been found guilty and convicted for the offence under Sections 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to life imprisonment for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of informant Smt. Lakhi Devi, the wife of the deceased Bir Kishore Mahto, recorded on 11.02003 at about 07:00 A.M., in the morning at village Asanbani, P.S. Gurabanda, District East Singhbhum, at the house of her brother-in-law Nukul Mahto, where it is stated that she was staying with her husband for the last 6 to 7 months, as her husband was plying a tractor. She has stated that in the previous night, the family members were sleeping in the house, and in the early morning between 3:30 to 04:00 A.M., her sister Dropadi Mahto went out to urinate and when she returned back, her husband and she also went out to urinate. Her husband was urinating near the tractor, when the accused Om Prakash Mahato, who was concealing himself near the tractor, came out and assaulted her husband by knife. Her husband screamed and raised the alarm that the accused was assaulting him by knife, and by the time the informant and the family members could reach there, the accused fled away. Her husband had sustained bleeding injuries on his chest and he was uttering that the accused Petu had assaulted him by knife. He was profusely bleeding and was brought in the house and made to lie on a cot, but after some time he died. It is stated in the fardbeyan that the accused is the husband of Nirupma Mahto, the daughter of her sister Dropadi Mahto, and he was in the habit of assaulting his wife. About 20 to 25 days ago also, he had assaulted his wife and she had come to her parents' place. The accused again came there and abused and assaulted his wife, whereupon, the husband of the informant had prevented him from doing so, whereupon he had also taken up quarrel with her husband and went away threatening him of dire consequences. It is stated that due to the same animosity, the accused had assaulted her husband causing his death. She has also stated that on the day the accused had taken quarrel with her husband, he had also taken away a cycle from the house, but due to the fact that the accused was a relative, the police was not informed. On the basis of the fardbeyan of the informant, Gurabanda (Bahragora) P.S. Case No. 31 of 2003, corresponding to G.R. No. 99 of 2003, was instituted for the offences under Sections 302, 427 and 379 of the India Penal Code, against the sole accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.