PAWAN DEHARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Girish Mohan Singh and learned counsel for the State Mr. Satish Kumar Keshri, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 31.08.2015 and order of sentence dated 03.09.2015 passed in Sessions Trial No. 161/2010 passed by the learned District and Additional Sessions Judge-I, Dumka, whereby the sole appellant has been held guilty and convicted for the offence committed and punishable under Sections 302 of the Indian Penal Code and awarded rigorous imprisonment for life with a fine of Rs. 5,000/- and in case of default in payment of fine, further simple imprisonment for three months.

(3.) Prosecution case is based upon the fardbeyan of Sri Rama Mirdha (P.W.9) recorded by the A.S.I. Ram Chandra Kalundia of Ramgarh Police Station in the district of Dumka on 22.03.2010 at 8.30 AM at village Hathiya Pahari. The informant has stated that in the night of 21.03.2010 after taking dinner, he was sleeping. At around 12.00 in the night, his brother Raju Mirdha awoke him and disclosed that Pawan Dehari, son of Bhivan Dehari, resident of village Hathia Pahari, P.S. Ramgarh District Dumka, has killed his father. Thereafter, the informant along with his family members went near the dead body of his father and saw that his father has sustained injury by iron rod on his face, due to which, he has died. The informant has disclosed that the occurrence took place as there was land dispute between the parties since long and the accused person being his agnate, has called his father at 12.00 in the night and killed him. The informant has claimed that because of old land dispute with the accused Pawan Dehari, offence has been committed in which his father has been assaulted by means of iron rod, as a result of which, his father died.