KARU MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 16.5.2006 and 23.5.2006 respectively passed by 1st Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 94 of 2003, whereby and whereunder, the appellant on being found guilty for committing murder of Bharat Turi was convicted for the offence punishable under Section 302 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for life.

(2.) THE case, which was initially made out by the prosecution, is that in the night of 4.11.2002 several persons were playing play -cards in the house of Shankar Turi -P.W. 3, father of deceased -Bharat Turi whereas Kailash Mahto -informant (P.W. 4) and Bharat Turi -deceased were watching it. At 2:00 O'clock Karu Turi asked Bharat Turi to go to the house of Govind Turi to fetch liquor. Thereupon, Bharat Turi along with Kailash Mahto (P.W. 4) went to the house of Govind Turi. There while they were about to enter inside the room, they saw two persons present over there who asked angrily as to who are there. Upon which they left the place and started fleeing from there but they were chased by those two persons and in the way one of them inflicted 'chura' blow over the abdomen of Bharat Turi but the informant could not identify the assailant.

(3.) FURTHER case, which has been made out, is that the injured anyhow reached to the door of his house and then he was taken to Bokaro General Hospital for treatment, where on the next day i.e. on 5.11.2012, he succumbed to his injuries.