BIHARI LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Miss Amrita Banerjee, learned Amicus Curiae appointed by the Court for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 24th of August, 2006 and Order of sentence dated 25th of August, 2006, passed by the learned 1st Additional Sessions Judge, Gumla, in Sessions Trial No. 143 of 2005, whereby, the sole accused Bihari Lohra 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 and fine of Rs.500/- for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of informant Hemanti Devi, the wife of the deceased Arjun Lohar, recorded on 5.11.2004 at her house, in village Kutuwa, Police Station and District Gumla. The informant has stated that the accused Bihari Lohra, who was her cousin-in-law's husband, came to her house on 11.2004 and her cousin-in-law Rajni Devi, the wife of Bihari Lohra also came to her house on 4.11.2004. In the night all of them were sleeping in the same room. The informant was sleeping with her child, her mother-in-law and her cousin-in-law Rajni Devi were also sleeping with children and Bihari Lohra and Arjun Lohar, the husband of the informant were also sleeping in the same room together. At about 11.00 P.M. in the night, she woke up, upon the cry of her child, she saw in the light of earthen lamp burning in the room, that Bihari Lohra was picking up a big hammer (described as ghan in the fardbeyan), whereupon she raised the alarm, due to which, her mother-in-law and cousin-in-law also woke up. All of them saw that Bihari Lohra assaulted her husband by the said ghan on his head twice. They tried to apprehend the accused, but the accused managed to flee away, opening the door. The deceased died at the spot. On the basis of the fardbeyan of the informant, Gumla P.S. Case No. 213 of 2004, corresponding to G.R. No. 671 of 2004, was instituted for the offence under Section 302 of the Indian Penal Code, against the named accused Bihari Lohra and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.