BUDHU HURAD @ TAMARIYA Vs. STATE

JUDGEMENT

(1.) THE appellant has challenged the judgment dated 19th April, 1997, passed by the learned 4th Addl. Sessions Judge, Singhbhum (West) in S.T. No. 30/1995, whereby and where -under, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for committing murder of Dukra Champia.

(2.) THE case of the prosecution as per the statement of informant, Punami Kui (PW 4) is that in the evening of 13th September, 1993 at about 6.15 p.m., she saw the appellant Budhu Hurad @ Tamariya brandishing a Kapi (farsa) at a distance of about 50 yards from her house. The appellant was saying that he will kill all the persons belonging to Champia community. After some time, she saw her husband, Dukra Champia (deceased) coming from the side of river. When he reached near the appellant Budhu Hurad, the appellant hurled a Kapi blow on the neck of her husband and chopped off his neck. Her husband fell down thereafter, the appellant Budhu Hurad again gave two to three blows of Kapi (farsa) on his head. The informant further stated that when she raised alarm, Budhu Hurad, appellant chased her and told that he will also kill her, whereupon she went inside the house and closed the door due to fear. She further stated that on hearing alarm, none of the villagers had come because most of them had gone to celebrate Jomnama festival. In the night, when she went to see her husband, saw injuries on his neck and temporal region of her husband from which flood was oozing out and her husband was dead. She further stated that thereafter, she disclosed about the occurrence to the village Munda (PW 1) Bebra Munda Nag and her son, namely, Sukh Ram Champia (PW5) and others.

(3.) AFTER completion of investigation, the police submitted charge sheet against the sole accused under Section 302, IPC. Cognizance of offence was taken by the learned SDJM, Porahat who committed the case to the Court of Session.