ISHWAR MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 7th June, 1996 passed by 5th Additional Sessions Judge, Dumka in Sessions Trial No. 141/83 of 1995 whereby the Court below has convicted the appellant under S. 304, Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years.

(2.) In brief, the prosecution case is that on 16-3-1995 (Tuesday), Md. Khusro Ansari (P.W. 8) who is local Sardar of the village Gando, district-Dumka, received an information that at village Mayurnacha, one Nayan Murmu had been murdered. He went to that village and found the dead body of Nayan Murmu lying in the verandah of his house. He also found some of the villagers had tied up accused Ishwar Murmu with a rope. He was informed by the villagers that accused Ishwar Murmu has murdered his father Nayan Murmu and had confessed his guilt before them. P.W. 8 the village Sardar brought the accused to the local Police Station and madewriten report (Ext. 2). On the basis of that report, the case was registered and the formal FIR (Ext. 3) was drawn up. After commitment the trial Court proceeded in the case. During the investigation of the case, the Investigating Officer, visited the place of occurrence, prepared the inquest report (Ext. 4) on the dead body of Nayan Murmu and sent the body for Post Mortem examination. He recorded the statements of the villagers including that of the informant and the accused.

(3.) The case of the defence is that accused being the only son of the deceased, had neither any motive nor any occasion to kill his father. His father was employed in the Government job and was maintaining the accused and the family members. The accused was dependent on the earning of his father. Therefore, he could not have derived any benefit with the murder of his own father. It is further case of the defence that the Gotias of the deceased had murdered Nayan Murmu and implicated his only son in the case in order to grab his properties.