NEHA MURMU @ LEHA MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court - This appeal arises out of judgment and order of conviction and sentence dated 31.7.2001 passed by Sri Binay Kumar Sinha, Additional Sessions Judge, Pakur, in Sessions Trial No. 32 of 1999/9 of 1999 whereby the appellant has been convicted under Sections 302/323 of the Indian Penal Code and accordingly sentenced to undergo imprisonment for life under Section 302 IPC and rigorous imprisonment for six months under Section 323 of the Indian Penal Code.

(2.) PROSECUTION case, in short, as emerges from the farebeat lodged by the informant Buddhinath Murmu (PW -8) on 6.8.1998 is that on the previous day (5.8.1998) at about 2.00 p.m. his father Dipti Murmu (deceased) went to the field for ploughing it in the meantime, the appellant and his son Srijal Murmu came there with lathi in their hands and asked him as to why he (the deceased) was ploughing the field. The informant (PW -8) told that the field was given to them by Mangal Marandi on sharing basis. On this the accused -appellant started assaulting the informant and when he escaped from there, they started assaulting his father (deceased) due to which he sustained grievous injuries. Thereafter, the accused fled away. The occurrence was seen by PWs -2, 4, 5 and 7 apart from the. informant (PW -8). It is further alleged that the PWs tried to rescue the deceased, but due to fear they could not intervene as the accused appellant had bow and arrow. The deceased died at the spot.

(3.) LEARNED counsel appearing on behalf of the appellant, submitted that at best, the appellant could be convicted under Section 304 (part -II) IPC and not under Section 302 of the Indian Penal Code, as the prosecution has not brought on record anything to show that the appellant had intention to kill the deceased and that the 'appellant has remained in jail for about 13 years.