RANGA LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae and the learned A.P.P.

(2.) The sole appellant stands convicted for the offence under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- by the impugned judgment and order of sentence dated 10.12.2011 / 12.01.2012 passed by learned Additional Judicial Commissioner-I, Khunti in Sessions Trial No. 495 of 2005.

(3.) The FIR was registered on 15.02.2005 at 22.30 hrs. on the fardbeyan of the widow of the deceased Chandmani Devi (PW-1) at Arki near Arki Animal Hospital recorded by the Sub Inspector Saron Kumar Singh of Arki P.S. It is interalia alleged that the husband of the informant had a land dispute with the accused. On 14.02.2005 the deceased along with the daughter of his brother Chote Lohra was going towards the river when Ranga Lohra, appellant, assaulted him on his neck by Farsa near the house of Sulochan Lohra, as a result of which, he fell down and died within short time. She ran on seeing assault on her husband and on reaching the place of occurrence, asked the accused to also cut her. On her hue and cry, villagers assembled there and caught hold of the accused and snatched Farsa, in course of which, certain villagers also sustained minor injuries. Covillagers Jagbandhu and Budhan Lal took away the Farsa from the hands of the accused and villagers caught hold of him. They brought the dead body of the husband of the informant to Arki, but since her house was far away and there were no vehicles, there was delay in approaching the police station. She asserted that due to the land dispute, the accused killed her husband by assault with a Farsa on his neck. She accordingly pleaded for appropriate legal action.