RAGHU NATH PRADHAN@RAGHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 24.10.2003 and 29.10.2003 respectively, passed by Shri Binod Prasad Singh, Additional District & Sessions Judge, Fast Track Court No. 1, Chaibasa, in Sessions Trial Case No. 33 of 1998, convicting the appellant under Sections 302 and 201, IPC, and sentencing him to undergo R.I. for life and to pay a fine of Rs. 2.000/- for the offence punishable under Section 302, IPC, and in default of payment of fine, he was to undergo further R.I. for 3 months. He was also sentenced to undergo R.I. for two years for the offence punishable under Section 201. IPC. Both sentences were to run concurrently.

(2.) The prosecution case in brief is as follows. The fardbeyan of Dukhan Sahoo-informant (P.W. 5) was recorded on 18.7.1997 at about 7 a.m. on the bank of Fuljhari river in presence of villagers to the effect that his middle son Hira Lai Sahoo, aged about 28 years, had gone to take bath in the river on last Monday i.e. 14.7.1997 at about 1 p.m. but he did not return. The informant started searching him along with villagers since Tuesday but they could not trace him. On Thursday (17.7.1997), they learnt that the dead body was floating in the river. On this, they went to the river and found the dead body of Hira Lal Sahoo entrapped on stone floating in the river. There were sharp cut injuries on two sides of neck of dead body. The informant expressed suspicion on the father of the appellant namely Budh Nath Pradhan, due to long standing land dispute.

(3.) P.Ws. 1. 3, 7, 8 and 10 are hearsay witnesses, P.Ws. 2 and 6 are inquest witnesses. P.W. 9 is the doctor, who conducted post-mortem report, P.W. 11 is a formal witness, P.W. 4 Soma Hapatgada has claimed to be an eye-witness. The doctor found following ante-mortem injuries on his person (1) skin all over body was pilled off hair of scalp was pilled off. Body was in stage of the decomposition. Early stage of magot were present. Skin of palm and sole was soden and corrugated. 2. Sharp cut injury 6"x3"x2" on the right side of neck extending from the right angle of Mandbol to right mastoid region. 3. Sharp cut injury 5"x3"x2" on the middle of face of two left mastoid region. 4. Sharp cut injury on left temporal region 4"x2" bone was cut. 5. Sharp cut injury on the left wrist 2 and 1/2"x1"x1/2".