BALAK RAM BEDIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 26.8.2002 passed by Additional Judicial Commissioner, FTC, Ranchi in ST. Case No. 554 of 1998 whereby and whereunder the appellant has been convicted under Sections 302 and 427 of the IPC and sentenced to undergo imprisonment for life for the offence under Section 302 of the IPC and further sentenced to undergo R.I. for one year for the offence under Section 427 of the IPC.

(2.) THE case of prosecution in brief as per the fardbeyan of Sohan Bediya (P.W. 2) is that on 16.4.1998 at about 6.30 a.m. while Pusan Devi (deceased) was coming to her house through a village road (pagdandi), Balak Ram Bediya (appellant) assaulted her with a Basulee (a hammer like instrument used by mason for cutting brick) on the temporal region of deceased. It is further stated that informant alongwith Bansi Bediya, Malu Bediya, Bhalu Bediya, Ashok Bediya and Soh Bediya raised alarm and they snatche Basulee from the hand of appellant and tried to apprehend him but he fled away. It is further alleged that thereafter appellant took out a tangi from his house and cut the doors of the house of informant. It is further stated that during that period, other villagers also arrived and they snatched tangi from the possession of the apellant and also caught hold of him and tied him with a rope. It is stated that by that time Pusan Devi ' deceased) died.

(3.) AFTER the commitment, charges were framed against the appellant under Sections 302 and 427 of the IPC and explained to him to which he pleaded not guilty and claimed to be tried. Thereafter prosecution had examined altogether 15 witnesses in support of its case. After the close of the case of prosecution, appellant was examined under Section 313 of the Cr.P.C. in which his defence is of total denial. It appears that the learned court below after considering the evidences available on record convicted and sentenced the appellant as aforesaid, against that the present appeal has been filed.