BOBILA @ BOBILAL @ BABILAS SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 05th December, 2007 and 11th December, 2007 respectively passed by the Additional Sessions Judge, (FTC-III) Godda in connection with Sessions Trial No. 153 of 2005 corresponding to G.R. Case 151 of 2007 No. 62 of 2005, arising out of Boarijor P.S. Case No. 10 of 2005, whereby the appellant has been held guilty for the offence punishable under section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The brief facts of the case is that on 17.1.2005 at about 5 p.m. when the informant returned home after collecting fire wood from the forest, she found her son Rajesh Soren aged about 6 years weeping. On being questioned, Rajesh Soren told that his uncle Bobila Soren (appellant) had come to his house at 4 p.m. and he wanted to kill Baburam Soren (father of Rajesh) by putting rope around his neck, but, Baburam woke up and to save himself, ran away from that place. It is further disclosed that Baburam could not succeed to flee away and fell down on a heap of fire wood kept in front of the house. Soon thereafter, Bobila Soren caught the target and inflicted 3-4 blows by means of tangi on the head and face of Baburam Soren. After sustaining injuries Baburam Soren died on the spot, on that heap of fire wood. It is also disclosed, on hulla nearby people namely Talaturi Tudu had come and seen the occurrence. The occurrence was brought to the notice of Chaukidar who informed the police. On 18.1.2005 at about 13:45 hour fardbeyan of Talamay Murmu (wife of deceased) was recorded and on the basis of said fard-beyan, Boarijor P.S. Case No. 10 of 2005 was registered. The informant had further made it clear that Bobila Soren is none else, but, own brother of her husband Baburam Soren. After institution of case, the investigation was carried out and after recording statements of witnesses and collecting evidence, charge sheet was filed and, accordingly, cognizance of the offence was taken and case was committed to the Court of Sessions and registered as Sessions Trial No. 153 of 2005.

(3.) The appellant stood charged for the offence punishable U/S. 302 I.P.C. and put on trial. To substantiate the charge, the prosecution has examined altogether eight witnesses including doctor who conducted postmortem examination on the dead body of deceased, investigating officer, informant and Rajesh Soren PW-4 son of deceased. The learned Addl. Sessions Judge considering the evidence and documents available on record, held the appellant guilty for the offence punishable under section 302 I.P.C. and sentenced him as indicated above.