KARMU PRADHAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7th February, 2012 convicting the appellant for commission of offence punishable under section 304 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2000/-, in default to suffer imprisonment for three months more.

(2.) The prosecution case, as alleged against the appellant, is that on 11.04.2007 at about 9.30 AM one Telesphor Dhanwar, PW-1 Private Mazdoor, resident of Beach Dera, Ganesh Nagar, Diglipur came to Diglipur police station and reported that one Michael Dung Dung was murdered by Karmu Pradhan. Telesphor Dhanwar, PW-1 further reported that on that fateful day under the supervision of contractor Ajit Kumar Nair, PW-1 was engaged in the digging of well at Beach Dera along with victim Micheal Dung Dung, Somra Sandel, (PW-6), John Kujur, Mukut Dung Dung, (PW-10), Chaiya Toppo, (PW- 5), Superian Dhanwar, Sabar Sandel, (PW-3) and Francis Aind, (PW-2); digging of well started about 7.00 AM and continued up to 8.00 AM and all the mazdoors left for breakfast at their respective houses; at about 9.00 am all the mazdoors except Francis Aind and victim Micheal Dung Dung came to the spot for digging well; at that time water starting flowing from the well and women and children of the village including one Teressa Kispota, (PW-4), wife of the victim and his daughter also came to the well for taking water; at about 9.30 AM, the appellant came near the well holding a wooden stick in his hand and attempted to assault the said wife of Michael Dung Dung on the ground that her husband had performed some sort of black magic, that is, "Jaadu Tona" on the appellant's wife and the latter had become ill. On being restrained, the appellant left the spot. Soon thereafter, Francis Aind (PW-2) rushed to the well and informed that the victim had been struck with a wooden stick by the appellant. Immediately PW-1 and the others rushed to the place of occurrence and found that the victim was lying dead in a pool of blood near a peepal tree.

(3.) On the basis of the oral report of PW-1, as aforesaid, , PW-7 registered a first information report being Diglipur PS case NO. 92 of 2007 dated 11.04.2007 against the appellant under section 302 of the Indian Penal Code.