NIRMAL BHENGRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AS per custody status supplied by the concerned Jail Superintendent, appellant is languishing in jail for the last more than 17 years (17 years 12 days), therefore, we have given priority to the instant appeal for its final consideration.

(2.) POLICE swung into action on statement (Fardbayan) of the minor daughter of deceased (P.W.10), who gave her statement before police at her village on 05/05/1998 at 11 A.M. She alleged that today i.e. 05 -05 -1998 at around 6 A.M while her father Bardan Demta was going to till his field, having tiller on his shoulder with oxen towards north on the village Kachchi road, Nirmal Bhengra (hereinafter, to be referred to as 'accused') was going behind him holding a tangi in his hand. She also followed them on same kachchi road to go to her school meanwhile accused dealt a tangi blow on the head of her father from behind as a result of which he fell down. Thereafter, accused again dealt tangi blow on the neck of her father. Having seen this occurrence, she started shouting and rushed towards her home out of fear and narrated about this occurrence to her grand mother Elisa -ba. She again returned to place of occurrence and found her father dead. Several co -villagers had assembled there having heard her shouting. The genesis of occurrence and motive attributed behind this crime has also been stated by informant on the foot of fardbeyan as 5 -6 months ago accused was uprooting Kolhu from the courtyard of her grand mother Elisa -ba whereupon her father tried to stop him, which triggered an altercation between her father and the accused and at that time he had threatened to her father saying that he would take revenge soon and since then he had inimical terms with her father.

(3.) THE case of accused, as one finds from his statement recorded under section 313 Cr.P.C., is of denial simplicitor. During cross -examination, it has been suggested to some prosecution witnesses by learned defence counsel that accused has been falsely implicated. Further, accused has not chosen to adduce any evidence in his defence.