RANCHI, India, Aug. 18 -- Jharkhand High Court issued the following order on July 18:

1. Heard Mr. B. M. Tripathi, learned senior counsel appearing for the appellant and Mr. Vineet Kumar Vasishtha, learned Spl.PP.

2. This appeal is directed against the judgment and order of conviction and sentence dated 11.07.2018 (sentence passed on 13.07.2018) passed by Sri Rajeev Anand, learned Additional Judicial Commissioner-XIII, Ranchi in Sessions Trial No. 545 of 2014, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code (IPC) and has been sentenced to death along with a fine of Rs. 5,000/-.

3. The prosecution case arises out of the fardbeyan of Nikky Kumari recorded on 13.02.2014 in which it has been stated that in the intervening night of 12/13.07.2014, the informant was sleeping along with his mother Kunti Devi and brother Raghu Sahu in a cot whereas her father Shiv Nandan Sahu slept on the ground. Her elder step brother (appellant) slept in the adjoining room. It has been alleged that at about 2.30 a.m. the informant had seen the appellant assaulting her father with a Tangi on his neck. Hearing the sound, the informant, her mother and younger brother woke up, but by that time her father was dead. When the mother of the informant screamed at Nitesh (appellant) on seeing such ghastly crime, the accused had assaulted her mother and her younger brother, which resulted in their death. The appellant had also raised an axe upon her, but when she pleaded to let go of her and agreed to do whatever he orders, she was directed to drag the body of her mother outside and in the meantime, the accused returned with a rickshaw. It has been alleged that the accused had started lifting the dead body of the mother of the informant in the rickshaw and in the meantime the aunt of the informant who had come out to relieve herself and being shocked at the misdeeds of the accused had gone to call her husband at which the accused kept the dead body of the mother of the informant inside the house and fled away. When the family members of the informant started gathering the informant had disclosed the incident to them. She had disclosed that the appellant did nothing for earning a living and was addicted to playing cards. He also used to demand money from his parents for which he was rebuked and it was the reason which incited him to commit the murder.

Based on the aforesaid allegations, Ratu P.S. Case No. 147/2014 was instituted u/s 302 IPC against Nitesh Sahu @ Fitte. On completion of the investigation, charge-sheet was submitted u/s 302 IPC and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 545 of 2014. Charge was framed against the accused for the offence punishable u/s 302 of the I.P.C. vide order dated 04.04.2015 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 eight (08) witnesses in support of its case.

P.W. 1-Parmeshwar Mahto has stated that he had gone to the place of occurrence and he had seen the dead bodies of Shiv Nandan Sahu, his wife and son lying on the ground. The entire village had gathered near the dead bodies. He does not know as to how the incident had occurred. The police had not come during the time, he was present at the place of occurrence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrApEK2mcs4vU%2BUogL7ndVD7a66GZyGKqSDwiVKe6mHPo&caseno=Cr.A(DB)/882/2018&cCode=1&cino=JHHC010252812018&state_code=7&appFlag=)

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