PRAKASH KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal appeal is directed against the judgment of conviction dtd. 23/7/2002 and order of sentence dtd. 26/7/2002, passed by learned 1st Addl. Sessions Judge, Pakur, in Sessions Case No.164/ 1995 (arising out of Pakur [T] P.S. Case No.161/1994) whereby and whereunder the appellant has been convicted under Sec. 302 IPC and sentenced to undergo life imprisonment.

(2.) The case of prosecution is at the instance of the informant (P.W.1) in which he stated that on 26/9/1994 at about 7:30 a.m. one Pradhan Samual Soren informed that his uncle was murdered at Village- Kusumdanga. On receiving such information, he went to the Village- Kusumdanga and found that his uncle (Ram Chandra Murmu) was lying dead. He found several injuries on the person of the deceased and also found that right leg of the deceased was broken by twisting. When he reached there where Thakur Waski and his daughter Chand Muni Waski and Chito Hembrom told him that on the last evening at about 7 p.m. on hearing cry of Ram Chandra Murmu when they rushed at his house, they saw this appellant assaulting the deceased with lathi and stone and when they tried to save him, they were also threatened.

(3.) On the basis of the fardbeyan of the informant, the Police instituted First Information Report being Pakur [T] P.S. Case No.161/1994 under Sec. 302 IPC against the accused person/ appellant. After investigation, the Police submitted charge-sheet and cognizance was taken and the appellant/accused was put on trial for the offence under Sec. 302 IPC.