DISTRICT- GIRIDIH, (JHARKHAND) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mrs. Bakshi Vibha, Advocate and learned counsel for the State, Mr. Arun Kumar Pandey, Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction dated 12.01.2005 and order of sentence dated 18.01.2005, passed by learned Additional Sessions Judge, Fast Track Court II, Giridih, in Sessions Trial Case No. 356 of 2003, whereby the sole appellant has been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded imprisonment for life with fine of Rs. 10,000/- and in case of default in payment of fine to further undergo simple imprisonment for a period of two years.

(3.) The prosecution case is based upon fardbeyan of informant, Jitani Devi (P.W.-6), recorded by Officer-in-Charge Ashok Kumar Singh of Hirodih police station in the District of Giridih on 10.04.2003 at 12:45 P.M. at village Saail, where the informant has alleged inter-alia as follows: The informant has stated that her husband Murli Ravidas, fatherin-law Jharkhandi Ravidas and uncle-in-law, Arjun Ravidas were working together in Calcutta Corporation. The informant has stated that her fatherin-law Jharkhandi Ravidas came to the house on last Monday. It is stated that on last Tuesday, her father-in-law (Jharkhandi Ravidas) went with neighbour Mohar Rai (appellant) at around 10:00 A.M. to Mangala Haat and returned at 04:00 P.M. It is stated that neighbour Mohar Rai came to her house and called her father-in-law for taking liquor, both went away and after taking liquor both have returned to the house at 08:00 P.M. It is stated that Mohar Rai went to his house and father-in-law of the informant demanded food, the informant gave food to her father-in-law but her father-in-law instead of taking dinner in the house went to the house of Mohar Rai along with his plate. The informant has stated that she alongwith her sister-in-law Meena Kumari have also followed her father-inlaw. Mohar Rai asked her father-in-law to come on terrace through the stairs, thereafter father-in-law of the informant climbed over the terrace through stairs. It is alleged that at around 02:00 A.M., Mohar Rai came to the door of the informant and raised brawl asking the informant that her father-in-law is crying with pain. Thereafter the informant along with the her sister-in-law Meena Kumari saw her father-in-law lying at the door and blood was oozing from his head and mouth. The informant started crying due to which people started assembling there. Thereafter Mohar Rai brought a doctor for treatment. In course of treatment, the informant's father-in-law died on 09.04.2003 at 01:00 P.M. The informant has stated that she has seen the blood stain on the terrace of the house of the appellant but subsequently the same was washed away. The informant has claimed that Mohar Rai has assaulted her father-in-law after providing meal and liquor. Since, there was no male member in the house, as such the informant came today along with her husband to give information.