DHONO BAIPAI @ DHANO BAIPAI 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 Judgment of conviction dated 20th February 2007 and Order of sentence dated 23.02.2007, passed by the learned Additional Sessions Judge, F.T.C.-II, Seraikella, in Sessions Trial No.144 of 2005, 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 R.I. for life with fine of Rs.2,000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Balima Hembram, the wife of the deceased Makhan Hembram, recorded at her house, situated in village Rampur, P.S. Kharsawan, District Seraikella, on 03.06.2005 at about 8:15 A.M. in the morning, wherein she has stated that on the previous day, one Durga Hansda, the brother-in-law of her deceased husband had visited their house and the deceased had asked her to make proper arrangements for his fooding. In the previous night at about 9:00 P.M., when they were taking food at the roof of their house, she was being asked in loud voice by her husband for preparing good food for his brother-in-law. The accused Dhano Baipai, who is her neighbour, was also having some altercation with his family members in his house. Since her husband was speaking in loud voice, the accused Dhano Baipai thought that he was being abused by her husband, whereupon, he came to the road near her house and challenged her husband stating that he was abusing the accused in filthy languages. Though her husband told him that he was not abusing him, but Dhano Baipai shot an arrow upon her husband, which pierced his chest and he died at the spot. Claiming that the accused had committed the murder of her husband, the fardbeyan was given by the informant, on the basis of which, Kharsawan P.S Case No.20 of 2005, corresponding to G.R No.465 of 2005, was instituted for the offence under Section 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.