KHIRA LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has challenged the judgment of conviction under section 302/34 IPC and section 450 IPC and the order of sentence of R.I. for life and fine of Rs. 1000/- for the offence under section 302 IPC and R.I. for seven years for the offence under section 450 IPC, both dated 11.05.2011, passed by the learned Sessions Judge, Gumla in S.T. No. 269 of 2005.

(2.) The appellant-Khira Lohra was arrested on 10.05.2005 and since then he is in judicial custody, serving the aforesaid sentence inflicted upon him in S.T. No. 269 of 2005.

(3.) The prosecution's case, as narrated by the informant namely, Khairi Kerketta in her fardbeyan recorded at 10 a.m. on 08.05.2005 at village-Kamta, is that in the night of 07.05.2005, at about 8 p.m, she along with her father and 8 years' old son of her sister had gone to bed. Three persons entered her house at 9 p.m. and enquired from her father about Khairi Kerketta, her sister. They started assaulting her father and took him inside a room. She has claimed that she has seen the appellant-Khira Lohra and Ghanshyam Lohra, both armed with baluwa, assaulting her father on his neck. She, however, could not identify the third person who was holding a lathi. She has further stated that previously the accused-Ghanshyam Lohra used to visit her house in the evening to which her father had objected. Once when her sister namely, Basanti Kongari had come home from her in-law's house (sasural) the accused-Ghanshyam Lohra along with his friend had come there and at that time also her sister had raised an objection.