SIBRAN CHIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae for the appellant and the learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgement of conviction and Order of sentence dated 28.02.2012, passed by the learned Sessions Judge, Simdega, in S.T. No. 79 of 2002, whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Bhuneshwar Chik, the brother of the deceased Jatru Chik, given on 9.5.2002 at 8:15 hours, at village Kurudeg, P.S. Kurudeg, District Simdega, wherein he has stated that his deceased brother was working as a choukidar, and on 8.5.2002, both of them had gone to the place of their relative Ramdayal Chik, on the occasion of the marriage of his son. There was a feast at about 8:00 P.M. in the night, and all of them were taking their meal. The accused persons Gulan Chik and Sibran Chik started assaulting his brother Jatru Chik by fists and kicks. The people present there tried to save him, but both the accused persons badly assaulted his brother by fists and kicks, due to which he became unconscious. Thereafter informant was bringing his brother to Simdega for treatment, but he died in the way. Claiming, that his brother had died due to the assaults made by both the accused, the fardbeyan was given by the informant, on the basis of which, Kurudeg P.S. Case No. 12 of 2002, corresponding to G.R. No. 85 of 2002, was instituted against both the accused persons, for the offence under Sections 302 / 34 of the Indian Penal Code, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.