ANIL HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment of conviction dated 28.8.2003 and order of sentence dated 29.8.2003 passed by learned Additional Sessions Judge, F.T.C-V., Hazaribagh in S.T. No. 343/2001 whereby the appellant has been convicted under Section 302, IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 200/-. He has also been convicted under Section 341, IPC and has been sentenced to undergo simple imprisonment for one month.

(2.) The prospection case was launched on the basis of the fardbeyan of Rupmani Devi- the widow of the deceased (PW 7) dated 11.3.2001.

(3.) The prosecution, in brief, is that on 10.3.2001 at about 9 p.m. Raju Hembram Fagu Hembram, wife of Raju-Chilko, mother of Raju, sister of Raju, Tanu Manjhi and his wife came to the house of the informant and complained to her husband that his younger brother's wife calls them impotent (Hizra) whereupon the informant's husband went to the house of his younger brother and advised his wife not to call the elderly persons by bad name. Thereafter, Raju Hembram and Tanu Manjhi assaulted Surji Devi with fists and bricks on her abdomen and legs as a result of which she sustained injuries and began to cry with pain. The informant's husband-Barho Manjhi and Khare Manjhi intervened to pacify them. In the meanwhile, Fagu Hembram caught hold of Khare Manjhi. Tanu Manjhi and Raju Hembram caught hold of the informant's husband. Anil Hembrom (appellant) suddenly appeared with knife and gave repeated blows on the abdomen of the informant's husband. The informant's husband fell down. With the help of the villagers he was brought to Lal Bangla for treatment by the Doctor where he was declared dead.