JATROO ORAON Vs. STATE OF W B

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 9.7.01 & 10.7.01 respectively passed by the learned Sessions Judge, Jalpaiguri in Sessions Case No.273 of 1999 thereby convicting the accused appellant under section 302 of the Indian Penal Code and sentencing him to suffer R I for life and to pay a fine of Rs.5,000/- in default to suffer R I for a further period of two years.

(2.) The prosecution case, in short, is that on the basis of a complaint lodged by P.W.1, namely Raj Kumar Oraon, a case was registered with Banarhat P.S. alleging commission of an offence under section 302 IPC. In the FIR, it was alleged that on the date of incident i.e., on 19.8.97 at about 8.00 p.m., the father of the informant was murdered in front of their house by the accused Jatroo Oraon and one Tirban Oraon. At the time of incident, the accused was fully intoxicated and he picked up an old quarrel with the father of the informant and in course of such quarrel, the accused assaulted the father of the informant with a piece of wood (lakri). As a result of such assault, the victim died.

(3.) To prove its case, the prosecution examined as many as 12 witnesses while none was examined on behalf of the defence. The defence was a plea of innocence and false implication.