SURJAN SORENG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 14th June, 2004 passed by Addl. Sessions Judge, Simdega in Sessions Trial No.14 of 2003, whereby and whereunder the court having found the appellant guilty for committing murder of Pitrus Soreng, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.3,000/ - and in default further to undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution is that on 4.11.2002 at about 11 a.m. Pitrus Soreng left home for coming to forest for bringing fire -wood and also to look to the paddy field. In the way, he met with this appellant who asked Pitrus Soreng [deceased] not to go to forest. That led to an altercation in between the appellant and the deceased. In that course, the tangi which the deceased was holding in his hand, fell down on the foot of the appellant causing injury and, therefore, the appellant became quite angry and assaulted the deceased. When the deceased came home, he told all about it to his wife -Saloni Soreng, the informant (P.W.3). In the evening at about 5' O clock, the appellant came near the house of Rajesh Soreng (P.W.2). There he declared that he will be killing the deceased. Upon it, Saloni Soreng [P.W.3], the wife of the deceased and also Rajesh Soreng [P.W.2] tried to pacify him, but they failed to do so. Thereupon Saloni Soreng came home and asked her husband not to go out of the house and made him to sleep on the cot. Thereafter she left home. Soon thereafter his son, Nelson Soreng (P.W.6) came running to her and told that the appellant has killed his father. Upon it, Saloni Soreng (P.W.3) rushed back to her home and found her husband dead.

(3.) THERE she found a tangi lying which was smeared with blood. Since no means was there to go to the Police Station, she waited for morning to break out. In the morning when Binay Kumar Singh (P.W.10), Officer -inCharge of Bolwa Police Station came to the village, P.W.3 (informant) gave her fardbeyan (Ext.3), upon which a formal F.I.R. was drawn. P.W.10 himself took up the investigation during which he held inquest on the dead -body of the deceased and prepared an inquest report (Ext.1). During inspection of the place of occurrence, the I.O. found a Tangi under the cot which was seized under seizure list (Ext.2). The I.O. after holding inquest on the dead -body, sent the dead -body for postmortem examination which was done by Dr. Krishna Dev Choudhary (P.W.9). On holding post -mortem examination, he did find the following external injuries : -