STATE OF JHARKHAND Vs. MASHILAL HEMBROM

JUDGEMENT

(1.) Mariyam Kisku who is the maternal aunt of Ilyas Murmu is aggrieved of the judgment dtd. 30/8/2013 passed by the Additional Sessions Judge-III, Dumka in Sessions Trial No. 60 of 2008. The State of Jharkhand has also challenged the aforesaid judgment passed in Sessions Trial No. 60 of 2008 by which Mashilal Hembrom and Isha Hembrom have been acquitted of the charge of murder of Ilyas Murmu aged about 19 years and causing disappearance of his dead body.

(2.) On the basis of the fardbeyan of Mariyam Kisku which was recorded by Amarnath Surin on 17/5/2006 at around 12:10 AM, Ramgarh PS Case No. 47 of 2006 was lodged against Mashilal Hembrom and his brother, namely, Isha Hembrom. After the investigation the accused persons were sent up for trial. During the trial, the prosecution has examined 10 witnesses out of whom PW2 Muchil Murmu (Moharil) is the husband of the informant, PW7 Bonifas Murmu is the father of deceased, PW1 and PW3 are the close friends of the deceased and PW4, PW5 and PW6 are the co-villagers of PW7.

(3.) Dr. Chandeshwar Prasad Sinha who conducted the postmortem examination over the dead body of Ilyas Murmu has tendered evidence as PW9 to the effect that the dead body was partially decomposed, maggots were crawling over the dead body and skin was peeling of at multiple places. PW9 has observed a defused swelling over right side of the chest and on dissection 4th, 5th and 6th ribs on the right side of the chest were found fractured.