GANESH BHUMIJ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Preety Sinha, learned Amicus Curriae for the Appellant and Mr. T.N. Verma, learned APP for the State.

(2.) This appeal is directed against the impugned judgment of conviction and sentence passed on 18th July 2003 by Sri S.N. Prasad, the 2nd Additional Sessions Judge, Chaibasa in Sessions Trial No. 171 of 1998, whereby the sole Appellant has been found guilty for committing the offence under Section 302 of the Indian Penal Code and, thereby, he has been sentenced to undergo R.I. for life.

(3.) The prosecution case, in short, is that when the informant of this case-Karmi Loharin was in her house on 07/11/1997, at about 8 p.m., the Appellant Ganesh Bhumij came to her house and proposed for sexual intercourse-to which she denied and she begun to reprimand him. In the meantime, her father-in-law Sonu Lobar reached there and she told about the said fact to him upon which he also rebuked the Appellant and asked him to go away from his house, then the Appellant picked up an iron "Sawal", kept there, and assaulted her father-in-law with it which resulted in his death at the spot. It is further alleged that a week prior to the alleged occurrence, the Appellant used to make such proposal to the informant whenever he used to meet her in the village but she always rebuked him.