DHUMA PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal arises out of the judgement of conviction dated 28.07.2001 and the order of sentence dated 30.07.2001 passed by learned 1 st Additional Sessions Judge, Simdega in S.T. No. 102 of 2000 by which, the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.

(3.) The prosecution case, in short, is that on 15.7.99 at about p.m. Gandur Pradhan, (deceased-husband of the informant- P.W.- 4), had gone to bring meat to the house of Bhagtu Mahto. At about 4:00 p.m. the appellant, Dhuma Pradhan (who happens to be the nephew of the deceased) returned to the house and disclosed that he killed Gandur Pradhan by assaulting him with axe in the Angan of Bhagtu Mahto. On this, the informant, Sita Devi (P.W.-4) and her daughter ( P.W.-5) Firani Devi went there and saw Gandur Pradhan in restless condition with bleeding injuries on head, right cheek and forehead. P.W.-1-Budhwa Mahto , P.W.-2- Bande Mahto and P.W.-7- Bonde Mahto were present there and they disclosed that the appellant assaulted the deceased with axe. They brought theappellant to house. Doctor was called but before he arrived, the deceased succumbed to injuries.