SUNIL NAMATA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Naveen Kumar Jaiswal,, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl. P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 10/2/1998 passed by Sri S.H. Kazmi, learned 3rd Additional Sessions Judge, Jamshedpur in S.T. No. 685 of 1994, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 IPC and has been sentenced to undergo imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Joshi Dolai recorded on 14/4/1993 in which it has been stated that on the same day at 3:30PM, the father of the informant had gone to the pond to ease himself and the informant was playing football in a nearby field when the informant saw his father being assaulted with a sword by Sunil Namata (appellant). On hearing his father letting out a cry of alarm, the informant reached to the said spot and saw the accused repeatedly assaulting his father with a sword. The informant was threatened by Sunil Namata at which he rushed to his mother and intimated her about the incident. When the mother of the informant rushed to the place of occurrence, she saw the accused fleeing away with a sword and he was shouting that he had murdered Prafulla Dolai and was going to the Police Station. Nobody made any attempt to catch the accused because he was threatening everybody. When the informant went back to the place of occurrence with his mother, he found his father dead.