LIBNUS ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the sole appellant named above against the impugned judgment dated 10.8.2001 passed in S.T. No. 18 of 1998 by Shri Hari Bhushan Prasad Sinha, 1st Additional Sessions Judge, Simdega, whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of PW 7, Junus Uraon, the husband of Imelda Orain, the deceased of this case recorded by S.I., Pradeep Kumar of Kurdeg P.S. on 16.9.1997 and 12.30 hours at the house of the informant in village Lukartoli Taiser regarding the occurrence which is said to have taken place between 16.00 hours to 22.00 hours on 14.9.1997 and formal FIR was drawn on that very day at 17.30 hours. The formal FIR and the fardbeyan has beenreceived in the Court of A.C.J.M., Gumta on 17.9.1997.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity which is existing and alive between the parties prior to the occurrence.