GHASIRAM KAIBARTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SOLE appellant Ghasiram Kaibarto stands convicted for the offence under Section 302 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life, by the learned 1st Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 123 of 1995.

(2.) BRIEF facts leading to this appeal are that the appellant was married with one Artibala Kibarto, daughter of deceased Nakur Kaibarto and sister of deceased Konda Kaibarto. The appellant, later on, married with another lady and deserted PW 5 Artibala Kaibarto, for which a case was instituted upon him. The matter was finally settled between them, after the appellant and his father registered one and half bighas of land in her favour. On the date of occurrence, 29.5.1994, the deceased persons had gone to plough the said land at about 7.00 a.m. The informant, Shiv Kaibarto (PW 4) and cousin brother of PW 5, learnt at about 8.00 a.m. that both of them were killed by the appellant with sword and arrows. The informant rushed to the place of occurrence to find both the deceased lying with injuries on their body and the appellant fleeing away with the sword. The reason behind this occurrence was that the appellant wanted to grab the land registered in favour of PW 5 forcibly and did not like the land to be ploughed by the deceased persons.

(3.) THIS appeal has been preferred at the instance of the appellant on the grounds that the appellant has been found and held guilty on uncorroborated evidence of PW 1. It is also asserted that in admitted facts of enmity and land disputes between the parties, the trial Court should have given the benefit of doubt to the appellant. It is also asserted that non -examination of the investigating officer, particularly, in view of the contradictions in the evidence of PW 4, benefit of doubt should be given to the appellant, who has already remained in custody for last twelve years.