RAMU PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State.

(2.) The sole appellant is aggrieved by his conviction under section 302 of the Indian Penal Code and sentence of imprisonment for life with a fine of Rs. 20,000/- and in default whereof, to undergo further simple imprisonment for four monthsvide judgment dated 19.02.2010 and order of sentence dated 26.02.2010 passed in Sessions Trial No. 92/2007 by the learned Additional Sessions Judge, Fast Track Court, Simdega.

(3.) Fir bearing Simdega P.S. Case No. 35/2007 was registered under section 302 of the Indian Penal Code on 05.03.2007 at 11.30 am on the basis of the fardbeyan of the informant Balram, son of late Chuita Pradhan (deceased), of village Kochedega, Taki Dubha, P.S. and District: Simdega recorded by the Sub Inspector of Police P.K. Biswas, officer-in-charge of Simdega Police Station at 8.20 hrs. on 05.03.2007 at village Taki Dubha. The informant in-teralia alleged that in the previous evening on 04.03.2007 (Sunday) at around 7.30, his father went for a walk outside his house and he followed him. His father proceeded towards the house of Ramu Pradhan where the accused Ramu Pradhan, son of Sahru Pradhan who was hiding himself, suddenly came out and assaulted his father with an iron Sabal near Gohal (cowshed) on his father's head. On seeing that, the informant raised hulla (brawl) and ran towards him. His father had fallen down despite that, the accused Ramu Pradhan gave 2-3 more blows on his head, as a result of which, he started bleeding severely and was trembling in pain. The accused thereafter ran away. In the meantime, villagers assembled there, by that time, his father had died and there was lot of blood lying there. It is alleged by the informant that the motive behind the crime is an incidence which took place three months before on an occasion of eating and drinking when some altercation took place between his father and the accused, as a result of which, the accused had threatened his father. The informant asserted that this was the reason why the accused assaulted his father with Sabal on the head and caused his death.