BHUNESHWAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 06.02.2015 and order of sentence dated 10.02.2015 passed by Sachindra Kumar Pandey, Additional Sessions Judge XI, Dhanbad, in Sessions Trial Case No. 26 of 2007, whereby the appellant has been convicted for the offence under Section 302 of Indian Penal Code (for short IPC) and sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/-, in default thereof to further undergo simple imprisonment of six months.

(2.) The informant P.W.1-Meena Devi, in her fardbeyan, has narrated that on 30.10.2006 at around 12.30 P.M., she saw Bhuneshwar Yadav @ Jageshwar Yadav (appellant) and Laljee Yadav fighting in front of her house. The appellant-accused was assaulting Laljee Yadav. She, alongwith her son, Chandan Kumar reached there and tried to save Laljee Yadav. She has alleged that the appellant inflicted knife blows on the chest and abdomen of her son and attempted to assault her whereupon Laljee Yadav caught the hand of the appellant. It is stated that on hearing the shouts, Bijay Prasad Gupta, Ganesh Sharma and others came there, however Chandan Kumar died due to knife injuries. On the basis of this fardbeyan, FIR being Jorapokhar P.S. Case No. 293/2006, was registered under Section 302 IPC. After investigation police submitted the charge-sheet whereupon cognizance was taken and the case was committed to the court of sessions. The appellant pleaded not guilty to the charges and claimed to be tried.

(3.) The prosecution examined altogether thirteen witnesses, namelyP.W.1-Meena Devi, is the informant and she has proved her signature (Ext.1) and well as signature (Ext.1/1) of Girija Devi on the fardbeyan; P.W.2-Ganesh Sharma has proved his signature (Ext.2 & 2/1) on the inquest report and the seizure list; P.W.5- Madhusudan Pandit (father of the deceased) has proved his signature (Ext.2/2) on the fardbeyan; P.W.6-Kuldip Yadav, has proved his signature (Ext.2/3) on the seizure list; P.W.7-Manoj Yadav, has been declared hostile; P.W.9-Bijay Prasad Gupta, has identified and proved his signature (Ext.3) on the seizure list; P.W.10-Munna Prasad Gupta, has identified and proved his signature (Ext.4) on the seizure list; P.W.12-Dr. Shailendra Kumar, has proved the post-mortem report i.e. Ext.5 and P.W.13- Mahendra Pandit has proved his signature (Ext.4/1) on the seizure list.