- (1.) THIS appeal is against the judgment passed by learned Sessions Judge, Seraikella -Kharsawan whereby the appellant has been convicted under Sections 302, 307 and 324 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for seven years for offence under Section 307 of the Indian Penal Code and rigorous imprisonment for two years for the offence under Section 324. All the sentences are to run concurrently.
(2.) THE said prosecution against the appellant and two others was initiated on the basis of fardbeyan of the informant Sir Yogi (P.W. 4) -father of the deceased Rohidas Yogi. The prosecution case, unfolded in the fardbeyan (Ext. -3), in brief, is that on 24.4.2001 at about 8:00 P.M. the appellant Raghu Jogi the informant's grand -son -in -law, came to the informant's house with a farsa in his hand and enquired about his wife -Kamala. He was told that Kamala had not come there. The accused Raghu thereafter, started running towards East in search of his wife. The informant and his son and other family members also followed him. Raghu Jogi was in anger. He was armed with farsa. He rushed on the deceased. Rohidas Yogi tried to intervene and save his daughter. The accused tried to assault his wife with farsa and when Rohidas Yogi was requesting his son -in -law not to do so and tried to save his daughter Kamala, the accused -appellant gave a farsa blow on left shoulder of Rohidas causing him severe bleeding injury. He fell down and after some time died. The accused appellant who was trying to kill his wife also, assaulted her and caused injuries on the feet and ribs. The other two persons Jihur Yogi and Malu Yogi came thereafter and they also assaulted the informant and others. The accused appellant had also assaulted informant causing him injuries on right foot by farsa but the informant somehow managed to snatch away the farsa from the hands of the accused. It has been alleged that the informant's granddaughter Kamala was married with the appellant some time ago but he did not like her. There was frequent quarrel between them. Since, the accused did not want to keep Kamala, he tried to finish her but she could be saved by the intervention and at the cost of life of her father Rohidas.
(3.) The appellant was charged for killing Rohidas and causing injuries on the informant and his wife Kamala. The charges were framed under Sections 302, 307 and 324 I.P.C. against the appellant. Jihur and Malu Yogi were also charged under Sections 302/34 and 307/34 of the I.P.C.;