SANJAY MOSAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the impugned judgment of conviction dated 10.9.2002 and the order of sentence dated 13.9.2002 passed by the learned Sessions Judge, Godda in S.T. No. 49 of 201 whereby the appellants have been convicted under Sections 341, 302/34 of the IPC and have been sentenced to undergo life imprisonment.

(2.) The prosecution was launched on the basis of the fardbeyan of Jamiya Devi (PW 8), the wife of the deceased, 27.11.2000.

(3.) The prosecution case, in brief, is that on 26.11.2000 at about 5.00 p.m. when the sun was about to set, the informant's husband and his elder brother Manku Mosat were quarreling on the question of paddy crop. The informant at that time was going to fetch water from the hand-pump. Since, the two brothers wre quarreling, she did not take notice of that. But when she came back after fetching water, she saw that her husband was dragged by Manku Mosat, Sanjay Mosat and Pampa Mosat in front of their door and there Sanjay Mosat gave a knife blow on the head of her husband and Manku Mosat gave a 'Baluwathi' (a piece of wood used for sharpening sickle) blow on the head of her husband, as a result of which her husband fell down and became unconscious. She brought him home. When her husband came to his senses, he told that Sanjay Mosat give knife blow on his head, Pampa caught hold of him and Manku gave him a 'Baluwathi' blow. Her husband, thereafter, died at 10-11 a.m. on 27.11.2000.