NUTAN KERKETTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant, Nutan Kerketta, has preferred this appeal against the judgment and order of conviction and sentence dated 24.3.98 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumla in S.T.No.233/94, whereby and whereunder, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) THE prosecution case in brief is, as stated in the fardbeyan, Ext.5, by the informant, Martha Kerketta (not examined), recorded by the S.I., Gupteshwar Singh, PW -11, Officer -in -Charge of Kamdera P.S. on 18.11.93 at 8.30 A.M. at village Rerwa Ambatoli is that on 16.11.93 at 7.30 P.M. she was sitting by the side of oven and her son, Nutan Kerketta, the appellant, was sitting inside the home at the door. At that time her husband, Daud Kerketta (since dead) returned home after doing his labour work. As soon as he wanted to enter into his home, then Nutan Kerketta in an intoxicated mood questioned his father, Daud Kerketta, as to where he had gone? His father replied that he had gone to do his labour work. At that very moment Nutan Kerketta started assaulting his father. The informant came out of the house and saw her son, the appellant, Nutan Kerketta, assaulting her husband, Daud Kerketta, on his head with an axe. Her husband on being injured fell down in front of the house. Her son, Nutan Kerketta, after assaulting his father fled away towards Basti. Her husband died instantaneously at the spot. As it was late night she did not inform anyone in the village. In the next morning, she informed Manthi Prakash Kerketta (not examined) and then the other villagers went to her house and saw her husband dead. The blood -stained axe was thrown outside her home which was picked up and kept by her. Her son, Nutan Kerketta, after causing the murder of his father went in search of Hanuk Kerketta, PW -5, elder brother of his father, taking Dauli to kill him.

(3.) THE learned Session Judge, Gumla, relied upon the oral and documentary evidence produced by the prosecution and convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life.