BARIN MURMU, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has faced the trial on the charge under section 302 of the Indian Penal Code for committing murder of Naresh Murmu. In Sessions Case No. 36 of 1996, the appellant has been convicted and sentenced to R.I for life under section 302 of the Indian Penal Code.

(2.) The informant of this case is son of the deceased. On the basis of his fardbeyan which was recorded on 17.06.1995 at 7:00 a.m at village-Asangura, Bindapthar P.S. Case No. 97 of 1995 has been lodged against unknown. After the investigation a charge-sheet was submitted against the appellant and he has faced the trial on the above charge. During the trial the prosecution has examined nine witnesses; the informant is P.W.7.

(3.) In his fardbeyan the informant has stated that in the night of 16.06.1995 at about 10:00 p.m he was sleeping in his courtyard. He woke-up on hearing sound of gurgling and when he came out he has seen head of his father severed and blood was oozing out from his neck. On his raising hulla his family members and villagers came there. The villagers were talking amongst themselves that they have seen few persons fleeing away towards southern side. He has raised an apprehension that due to a land dispute with some villagers his father has been killed. The informant has been examined as P.W.7. He has deposed in the court that when he came out from the courtyard he has seen three persons coming out from the room of his father, Barin Murmu was one amongst them. He has spoken about the villagers arriving there and their saying that they have seen Barin Murmu fleeing away. The wife of the informant has been examined as P.W.4. In her examination-in-Chief she has stated that in the night of 16.06.1995 she was sleeping in the courtyard. On hearing hulla she came out and saw that the appellant has severed neck of her father-in-law. However, in the same breathe she has stated that by the time she had gone inside the room the person who has killed her father-in-law had fled away. She has also admitted that in her statement before Daroga Ji she has not revealed that she has seen Barin Murmu.