RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:
1. Heard Mr. B.K. Dubey, learned counsel for the appellant and Mrs. Priya Shrestha, learned Spl.P.P.
2. This appeal is directed against the judgment of conviction and order of sentence dated 28.03.98 and 31.03.98 respectively passed by Sri Dilkeshwar Pandey, the learned 2nd Addl. Sessions Judge, Chatra in Sessions Trial No. 300/95| 72/97, whereby and whereunder, the appellant has been convicted for the offence under section 302/34 of the Indian Penal Code and has been sentenced to undergo RI for life.
3. The prosecution case arises out of the fardbeyan of Sharda Devi recorded on 23.01.95 in which it has been stated that on the same day at 6:00 a.m. she was preparing tea in her house when her relatives Devendra Pathak and Arun Pathak took away grandson of the informant namely Sudhanshu Kumar Pandey @ Pappu to the field to defecate. When even after 1and 1/2 - 2 hours the grandson of the informant did not return she searched nearby places but he could not be found. The informant had thereafter gone to the house of Devendra who disclosed that Pappu had gone to defecate with Arun about 500 yards East from his house. Devendra had also disclosed that Arun had asked him to go to his house and he and Pappu are coming. It has been alleged that the informant along with his grandson Ajay and nephew Devendra went near the Ahar where she saw her grandson Sudhanshu lying in a pool of blood and writhing. On being asked Sudhanshu had disclosed that Chandrapal had caught hold of him and Arun had assaulted him with an axe and both have fled away. When the informant raised a cry on alarm the villagers had assembled who took Pappu to Sadar Hospital, Chatra where in course of treatment he died.
Based on the aforesaid allegations Sadar PS Case No.04/95 was instituted under sections 302/34 of the Indian Penal Code. On completion of investigation charge-sheet was submitted and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 300/95. Charge was framed against the accused under sections 302/34 of the Indian Penal Code which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as twelve witnesses in support of its case. 5. PW-1 Kedarnath Pathak has stated that after sunset he had gone towards the Eastern side of the village to answer the call of nature and near the Ahar he had seen Chandrapal Pathak, Arun Pathak, Devendra Pathak and Sudhanshu Pandey @ Pappu basking by the fire. Chandrapal had an axe with him. He thereafter left to defecate. After he returned back to his house the grandmother of Sudhanshu disclosed that Devendra had taken away Pappu and he has not yet returned. He had stated to the grandmother that he had seen all four persons basking by fire near the Ahar. The grandmother of Pappu went to the said place and came shouting that Pappu has been murdered by Arun. He rushed to the said spot followed by 5-7 persons. The neck of Pappu was cut with an axe. He was alive at that point of time and had disclosed that Chandrapal had caught hold of his hand while Arun had assaulted him with an axe. Pappu was carried home and thereafter taken to Chatra Hospital where in the night he died.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2B0CHco3SgG9uBlFsKF7soWVyQX77Y32XdPHm6Ryf3YpdoNiX5gBcBX4rt1wvhU4o&caseno=Cr.A(DB)/77/1998&cCode=1&cino=JHHC010089431998&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
