SOLE HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It is the case of the prosecution that a First Information Report was lodged at Ramgarh Police Station within the district of Dumka on 17th December, 2002 at 12 noon by Rahora Hembrom (informant-P.W.7) on 16th December, 2002 he was in his house, as he was having some pain in his hydrosel, and his mother, namely, Muni Besra (deceased) was sleeping in the adjacent room. On that day at 13 hours, his cousin brother, namely, Sole Hembrom (Appellant), came there having axe in his hand and started alleging that the mother of the informant viz. Muni Besera is a "witch" and she has killed his son and thereafter, gave axe blow on the head of his mother. The informant further stated that on the day of incident, his daughter, namely, Bale Hembrum (P.W. 1) was also there at the place of incident. It is further stated by the informant that having killed his mother, Sole Hembrom (Appellant) fled away after throwing the axe in the courtyard. The informant is the son of the deceased.

(2.) Thereafter, investigation was carried out, charge sheet was submitted and after commitment, the case was numbered as Sessions Trial No. 150 of 2003 and on the basis of the evidences of the prosecution witnesses as well as on the basis of the materials seized like blood stained axe with a wooden handle, recovered from the courtyard, and on the basis of other documentary evidences, the Appellant-accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and against the judgment and order of conviction and sentence, the present appeal has been preferred.

(3.) Looking further to the depositions of other prosecution witnesses, especially P.W. 8 (Dr. Anant Kr. Jha), who was Medical Officer at Sadar Hospital, Dumka, it appears that he has carried out post-mortem examination of the deceased on 18th December, 2002 and has pointed out the following ante-mortem injuries: