LUIS EKKA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 3.6.2004 and order of sentence dated 4.6.2004 passed by the then Additional District & Sessions Judge, F.T.C. -I, Gumla in S.T. No. 3 of 2004 whereby and whereunder, the court having found the appellant guilty for committing murder of John Ekka, convicted him for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution, as has been projected in the First Information Report, is that there was a Karma festival on 08.10.2003 on which date every villagers enjoyed it by consuming liquor, taking food and dancing with each other. The informant also consumed liquor (rice beer). After enjoying festival, the informant -Juliyana Tirkey (P.W.5) came to the house of John Ekka -deceased (brother of the husband of the informant) along with him and Katrina Bek (wife of John Ekka) at about 10 pm. They after taking meal retired to bed along with them. At about 3 am, the informant when heard shouting of John Ekka, she woke up and saw the appellant -Luis Ekka, who also happened to be the brother of her husband, assaulting John Ekka with lathi. When she tried to rescue John Ekka, the appellant also assaulted her with lathi. By that time Katrina Bek (P.W. 8) also woke up and both of them started raising alarm. Meanwhile, the appellant fled from there. They found John Ekka dead. Thereafter, Katrina Bek (P.W. 8) came out of the house and raised alarm. On hearing it, several villagers assembled over there. On the next day i.e. 9.10.2003, information was received by Bhai Bharat Kumar (P.W. 10), Officer In -charge of Basiya Police Station that somebody has been killed in the village Kara Loya Murgi Tongri. For verification of the said fact, P.W. 10 came to village where he recorded the Fardbeyan (Ext. 3) of the informant -Juliyana Tirkey (P.W. 5) on the basis of which a formal FIR (Ext. 6) was drawn.

(3.) ABRASION over left wrist, fracture of lower 1/3rd of right hand and