- (1.) Heard learned counsel Mrs. Alpana Verma, appointed by JHALSA to represent the appellant and learned Additional Public Prosecutor Mr. Azeemuddin, representing the State.
(2.) In this appeal, the sole appellant before us is suffering rigorous imprisonment for life on account of his conviction for the charge under section 302 of the Indian Penal Code by the impugned judgment dated 27.09.2013 and order of sentence dated 30.09.2013 passed by the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa. An amount of fine of Rs. 2,000/- has also been imposed upon him, in default thereof, he has been directed to suffer further simple imprisonment for six months.
(3.) The case of the prosecution, as unfolded through the fardbeyan of the informant Budesh Hansda (P.W.2) recorded at 14.00 hrs. in the courtyard of his house at village Durita on 01.10.2009 by the Sub Inspector Ram Chandra Paswan of Tonto P.S. inter-alia contains the following allegations: That the informant along with his brother Amit Hansda aged 08 years had gone to see his vegetables in the field where ladyfinger was planted which is at a distance of km from his village on 01.10.2009 at 11.00 am. They found that Ox of Lakhan Hansda (accused), son of late Mukru Hansda was grazing in his field where ladyfinger was planted. On this, they ran back to their house and informed their grandfather Sukhdeo Hansda about it. His grandfather along with these two brothers went to that plot where the vegetables were planted and his grandfather chased the Ox and cow up to Somai Nala (rivulet). Then Lakhan Hansda came running from behind with a lathi in his hand and started assaulting the informant's grandfather Sukhdeo Hansda on his head and arms. On getting scared, both these brothers ran away crying towards their home and on reaching there, started shouting that Lakhan Hansda has assaulted his grandfather. On hearing brawl, villagers went towards Somai Nala. By then, Lakhan Hansda after killing his grandfather at the paddy field of the informant near Somai Nala, had fled away. The villagers brought his grandfather in dead condition to his house. On these allegations, informant asserted that Lakhan Hansda had killed his grandfather Sukhdeo Hansda by assaulting him with lathi on his head, arms and body. His fardbeyan was recorded in presence of his uncle Bukru Laguri and it was read over to him which he understood and inscribed his signature in presence of his uncle and his brother.;