- (1.) THE appellant was charged for committing murder of his brother Laksho Lugun. By the impugned judgment, the learned court below has held him guilty for the offence under Section 302 I.P.C. and convicted him. He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/ - and in default, to undergo rigorous imprisonment for three months.
(2.) THE prosecution was initiated on the statement made by John Lugun on 23.10.1998 at about 1: 00 p.m. The prosecution case, in short, is that on 8.10.1998 at about 2:00 p.m. Gobind Lugun, brother of the deceased, assaulted the deceased with an axe on his shoulder and neck and the deceased sustained serious injuries. He was brought to the Rajendra Medical College Hospital (R.M.C.H.), Ranchi for his better treatment on 9.10.1998. In course of treatment, he succumbed to injuries and died on 21.10.1998 in the Hospital. On the basis thereof, the case was registered under Section 302 I.P.C. The Bariyatu Police sent the fardbeyan, inquest report and post mortem report to Sonua Police Station, as the deceased was assaulted within the jurisdiction of Sonua Police Station. Sonua Police registered a formal F.I.R. under Section 302 I.P.C. against the appellant and took up investigation.
(3.) ON completion of investigation, police submitted charge -sheet against the appellant and on that basis S.D.J.M., Porahat at Chaibasa took cognizance of the offence under Section 302 I.P.C. against the appellant and committed the case to the Court of Sessions.;