JOTO BODRA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant -Joto Bodra was put on trial on the accusation of committing murder of the deceased -Niral Bodra. The trial court having found the appellant guilty of the charge convicted him for the offence punishable under Sec. 302 of the Indian Penal Code vide its judgment dated 16.3.2004 passed in Sessions Trial No. 40 of 2003 and sentenced him to undergo rigorous imprisonment for life vide order dated 18.3.2004. The case of the prosecution, as is emerging out of the fardbeyan (Ext. -2) of the informant -Basanti Bodra (P.W. 1), is that on 8.9.2002 Niral Bodra, husband of the informant, had gone to the forest for grazing his bullocks. In the evening, when Niral Bodra came home at about 4 O'clock, he was having injury near his eyes. Niral Bodra disclosed to his wife that the same has been caused by the appellant to whom he will not spare. By saying so, Niral Bodra by taking 'tangi' came out of the house. As soon as he came out of the house, he came across with the mother of the appellant and also the appellant who had come there having 'tangi' with him. There, the appellant assaulted Niral Bodra (deceased) indiscriminately as a result of which he died.

(2.) The doctor issued post mortem examination report (Ext. -4) with an opinion that the death was caused due to head injury. Time since death within 5 to 10 days from the time of the post mortem examination.

(3.) On completion of the investigation, when the Investigating Officer submitted charge -sheet against the appellant, cognizance of the offence was taken and in due course, when the case was committed to the Court of Sessions, the appellant was put on trial.