MANGAL SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahadeo Thakur, learned counsel for the appellant and Mr. Manoj Kumar Mishra, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 31/5/2016 and order of sentence dtd. 1/6/2016 passed by Sri Surendra Nath Mishra, learned District and Additional Sessions Judge IV, Dumka in S. T. No. 190 of 2009 whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.15,000.00 and in default of payment of fine to undergo simple imprisonment for an additional four months.

(3.) The fard beyan of Babu Ram Soren was recorded on 24/2/2009 in which it has been stated that on 23/2/2009, Maghi Puja was being performed in his house. At about 5:00 PM, his son Shyamlal Soren was called by his nephew namely Debashish Soren, who had taken him to his house. It has been alleged that Mangal Soren (appellant) and his wife Maku Murmu had caught hold of the son of the informant and Debashish Soren started cutting the neck of Shyamlal Soren with a sickle. Shyamlal Soren managed to flee and come back to his house, but due to excessive bleeding, he died after one hour in the courtyard of the informant. The incident was informed to the police through the local Chowkidar. The cause of murder is that for the last 10-15 years, a dispute with respect to 6-7 bighas of land was going on between the informant and his brother Mangal Soren.