SANAT MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard learned counsel Mrs. Vandana Singh, appointed by JHALSA to represent the appellant and learned Additional Public Prosecutor Mr. Ravi Prakash.

(2.) This appellant has faced conviction in connection with Sessions Trial No. 310/2010 /77/2013 arising out of Pathargama (Basantrai) P.S. Case No. 65/2010 corresponding to G.R. No. 487/2010 under sec. 302 of the Indian Penal Code and is undergoing incarceration since 2/5/2010 vide impugned judgment of conviction dtd. 29/11/2013 and order of sentence dtd. 6/12/2013 rendered by the learned District and Additional Sessions Judge-II, Godda.

(3.) As per the fardbeyan of the informant Ashtami Kumari aged 18 years, daughter of the deceased Keshav Tatwa recorded by ASI S. Sawaiyan in village Pachua kita at her house at 8.30 am on 1/5/2010, her father was sleeping on the previous night along with the accused Sanat Mandal, cousin of the informant, who had come to attend the shradh on the death of son of the agnate Kameshwar Tatwa namely Lalu Tatwa who died due to snake bite. At 10.00 in the night when she went from her old house to the new house, where both of them were sleeping, in order to provide water to cattle, she saw the accused Sanat Mandal assaulting the father of the informant with a garasha on the head. She raised a brawl, on which he starting fleeing. Some people assembled there and took her father to the doctor and some of them chased Sanat Mandal who was caught and kept apprehended. Since the treatment at the local Godda hospital was not good enough, he was taken to Bhagalpur for treatment. According to the informant, her father was in unconscious state and therefore, could not give his statement.