SUKAT BHUIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 4.2.2003 and the order of sentence dated 7.2.2003 passed by the then Additional Sessions Judge, FTC No. 1, Palamau at Daltonganj in S.T. No. 485 of 1998 whereby and whereunder the court having found the appellant guilty for committing murder of Kailash Bhuiya convicted him for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution is that on 3.8.1997 at about 5 p.m. while the informant, Dhanmania Devi (P.W.1) was sitting in front of her house along with her husband Kailash Bhuiya (deceased), the appellant, Sukat Bhuiya @ Rameshwar Bhuiya, Raju Pandey and Suresh Bhuiya came over there and caught hold of her husband. They started abusing him by saying that he does practice witchcraft. They even assaulted and took him about 100 yards away near a tree where the accused persons made him to fall on the ground and chopped off his neck.

(3.) ON the next day, i.e. 4.8.1997 at about 12.15 p.m. when Sub -Inspector, Ramashish Ram came to the house of the informant, Dhanmania Devi, she gave her fardbeyan (Ext.3) to the effect as stated above, upon which a formal FIR (Ext.2) was drawn. The Investigating Officer (not examined) in course of investigation held inquest on the dead body of the deceased and prepared an inquest report (Ext.4). Thereupon the dead body was sent for post mortem examination which was conducted by Dr.Birendra Prasad (P.W.3). On holding autopsy, he found the following ante mortem injuries.