TOGO SAMAD Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Sole appellant, who has been convicted under Section 302 of the Indian Penal Code by the learned District & Additional Sessions Judge, Ghatsila, in Sessions Trial Case No. 157 of 2009 by the impugned judgment of conviction and order of sentence both dated 16.01.2013, whereunder he has been sentenced to undergo Rigorous Imprisonment for life with a fine of Rs.5,000/-, in default thereof, to further undergo for one year additional rigorous imprisonment is before us in this appeal.

(3.) Appellant is the brother-in-law of the informant and brother of the deceased. The fardbeyan was recorded at 12 hours on 22.11.2008 at Lango Tola in the District - East Singhbhum by Sub-Inspector M. S. Kindo of Dumaria P.S. The informant, Jambi Samad (P.W.4) as per the fardbeyan inter-alia alleged that i.e. 21.11.2008 both the informant and daughter were sleeping in the west facing room of their room and her husband (deceased) Jamua Samad was sleeping in the south facing room. She heard noise of groaning and trembling between 12.00 to 1.00 in the night from the side of house where her husband was sleeping. She along with her daughter, Sini Samad (P.W.3) came out of with a lantern and called her husband. She saw that accused, Togo Samad, son of Bir Singh Samad of their village was coming out of the room of her husband and fleeing away armed with a knife and a sharp-cutting weapon like bhujali. Despite being called, he did not stop and fled away. Both the informant and the daughter went inside the room and saw her husband's dead-body drenched in blood. Then they raised brawl when people from nearby came.