BIRSA DORAIBURU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 10.02.2004 and 11.02.2004 respectively, passed by learned Additional Sessions Judge, F.T.C.II, Chaibasa, in connection with Sessions Trial No.178 of 2003, corresponding to G.R. Case No.233 of 2003, arising out of Tonto P.S. Case No. 13 of 2003, whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. No fine amount is imposed on him.

(2.) Prosecution case, as per the fardbeyan of one Guruwari Doraiburu, PW2, is that on 26.06.2003, at around 8:00 p.m., her husband was sitting beside the stove in the courtyard and cooking meat. Birsa Doraiburu, son of Surja was also sitting there on a cot in the courtyard. She was also sitting on the floor in the courtyard. All of a sudden, Birsa Doraiburu, s/o Late Sulub Doraiburu (appellant herein) came with an axe in his hand with the intention of killing his husband and assaulted her husband, due to which, skull of her husband got fractured and blood started flowing out. Her husband fell unconscious and dropped to the floor beside the stove, due to which, his right hand was also burnt. Appellantaccused Birsa Doraiburu fled away after the assault with the axe. She and other Birsa Doraiburu, son of Surja raised alarm, at which, other villagers, namely, Siram Doraiburu, PW8; Sadhucharan Doraiburu, PW9 and others gathered and they have been informed about the incident. She has further narrated that they are having land dispute with the appellantaccused.

(3.) On the basis of the fardbeyan of Guruwari Doraiburu, PW2, Tonto P.S. Case No. 13 of 2003 under Sections 447, 324, 307 of the Indian Penal Code was registered against the appellant.