KISAN MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 27.11.2008 and Order of sentence dated 28.11.2008, passed by the learned 5 th Additional Sessions Judge (F.T.C.), Dumka, in Sessions Case No.66 of 2008, whereby, the 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 rigorous imprisonment for life with fine of Rs.5,000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant, Sanjay Manjhi, the son of the deceased, Malti Devi, recorded at his village Upper Bahiyari, P.S. Jarmundi, District Dumka, on 21.12.2007 at about 2:10 P.M, wherein he has stated that on the same day at about 12:00-12:30 P.M, his uncle, Kisan Manjhi (the accused), along with his family members came to his house and started damaging their thatched roof, whereupon, his mother, Malti Devi objected the same. It is alleged that the wife of Kisan Manjhi caught hold the mother of the informant and Kisan Manjhi assaulted her by tangi on her head, causing bleeding injuries. The other accused persons also assaulted her mother. The accused persons also chased the informant Sanjay Manjhi and his sister Rinku Devi, who were in their house, whereupon they fled away. By the time, they returned back, they found their mother dead at the door of the house. On the basis of the fardbeyan given by the informant, Jarmundi P.S Case No.252 of 2007, corresponding to G.R No.1629 of 2007, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the accused, Kisan Manjhi and his family members, and investigation was taken up. After investigation, the police submitted the charge-sheet only against the accused, Kisan Manjhi.