FAGU SORENG Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 01.12.2008 and order of sentence dated 03.12.2008, passed by learned Sessions Judge, Simdega, in Sessions Trial No. 121 of 2007, whereby the sole accused has been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded sentence of imprisonment for life and also fine of Rs.2000/- payable to the widow of the deceased, if any.

(3.) The prosecution case is based upon the fardbeyan of informant, Garjan Singh (P.W.-7) recorded by A.S.I., Shashi Bhushan Das on 20.07.2007 at 13.00 Hrs. at Benkuta, Khariatoli. The informant has stated that he is resident of Bano, District Simdega and doing on agriculture for livelihood. The informant has stated that he is giving his statement to the Police Officer of Bano Police Station at village Khariatoli near the house of Most. (widow) Sukro Soren. The informant has stated that on 19.07.2007 (Thursday) at around 8.00 P.M., his brother Fagua Singh @ Bishambhar Singh (deceased) aged about 30 years, went in search of labourers at around 8.00 P.M. at Khariatoli but did not return in the night. The informant thought that his brother has stayed in the house of his friend as earlier also, when he used to go in search of labourers, he used to remain at Khariatoli and in the morning used to return with labourers. The informant has alleged that on 20.07.2007 in the morning at 5-6 A.M., Sukro Soren (P.W.1), wife of Late Bhimsen Soren, resident of Khariatoli came to her house and disclosed that your brother, Fagua Singh @ Bishambhar Singh came to her house in the previous night at 10-11 P.M. and was sitting in the courtyard and was talking for labourers. In the meantime her brother-in-law, namely, Fagu Soreng, (Accused/Appellant) came after talking liquor. Some altercation took place between Fagu Soreng, (accused) and Fagua Singh@ Bishambhar Singh (deceased). Consequently, Fagu Soreng assaulted brother of the informant on his head, by means of a wooden piece kept in the wooden log at the verandah, causing injury, due to which Fagua Singh died at the spot. The informant has stated that she wanted to raise brawl but her brother-in-law pushed her inside the house and locked the door from the outside, as such she could not inform anybody and that is the reason, she is informing him in the morning. On the basis of information disclosed by Sukro Soren (P.W.1), the informant along with family members and co-villagers went to the house of Sukro Soren and saw the deadbody of his brother, Fagua Singh in the courtyard. Thereafter, informant and co-villagers, Shankar Singh and Chandrabhan Singh went in-search of Fagu Soreng,(accused) but by that time he had fled away.