SOMA SOY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant Soma Soy (hereinafter to be referred to as 'accused'), after being convicted for the offence of Section 302 Indian Penal Code and Section 323 Indian Penal Code, vide impugned judgment of Additional District & Sessions Judge, Fast Track Court I (Chaibasa) dated 25th November, 2004, has preferred the instant appeal through jail in which one Mrs. Pushpa Singh was appointed as Amicus Curiae to assist the Court. When the instant matter was taken up for final consideration, the Court was informed that Mrs. Pushpa Singh, Advocate had stopped coming to the Court, as such, Mrs. Vandana Singh, Advocate was appointed as Amicus Curiae to assist the Court on behalf of accused. She sought some time to prepare the brief and this further delayed the final consideration of the instant appeal. The accused is stated to be in custody for the last 15 years.

(2.) The deceased in this case is one Bijay Soy son of Pradhan Soy. The allegation against the accused is that on 18th December, 1999, he committed the murder of Bijay Soy by severing his head with an axe behind his house and took away the severed head of Bijay Soy inside his room located at the backside of his house and kept in front of Goddess Durga. Pradhan Soy along with his brother Somnath Soy (witness) entered the room of the accused, upon which he obstructed them to enter his room and assaulted Somnath Soy also. However, they could succeed in catching the accused and snatched the blood stained axe from his hand. Thereafter, Pradhan Soy, the informant and his brother dragged the accused outside from his room. It is on these allegations, the first information report came to be lodged with the concerned police station. However, no motive has been projected for this murder. The police swung into action, prepared the inquest report of headless body of Bijay Soy and his severed head, blood stained axe was also seized, which was produced by the informant, autopsy of the dead body was conducted by P.W.8 Dr. Bijay Kumar Singh. P.W.4 Somnath Soy, the brother of the informant was also medically examined by the P.W.7 Dr. Pamela Kujur. After completion of the investigation, challan was filed against the accused for facing the trial for the offences under Sections 302/307 of the Indian Penal Code for which he faced the trial. He now stands convicted for the charge of Section 302 Indian Penal Code and Section 323 Indian Penal Code as the charge of Section 307 Indian Penal Code is diluted to Section 323 Indian Penal Code on account of medical evidence.

(3.) Prosecution, in support of its case, has examined P.W.1 Sumi Soy, P.W.2 Lal Singh Soy, P.W.3 Sadhu Charan Soy, P.W.4 Somnath Soy (injured witness), P.W.5 Pradhan Soy (informant and father of the deceased), P.W. 6 Pasupati Singh (investigating officer), P.W.7 Dr. Pamela Kujur (she medically examined the injured witness Somnath Soy) and P.W.8 Dr. Bijay Kumar Singh.