RAMLAL MURMU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal has been directed against the judgment of conviction and order of sentence dated 19.2.2008 and 25.2.2008 respectively passed by the learned VIth Additional Sessions Judge,F.T.C. III Godda in Sessions Trial. No.125 of 2000/116 of 2007 arising out of Boarijor P.S.Case No. 55 of 2000 corresponding to G.R Case No. 679 of 2000 whereby the above named 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.

(2.) The case of the prosecution as it appears from the Fardbeyan of the deceased Maidas Murmu son of Singhrai Murmu of village Bara Sripur recorded by Sub -Inspector Ragunandan Jha on 4.7.2000 at 8.30 a.m in the Referral Hospital at Boarijor is that on

(3.) 7.2000 he had gone to the house of Munsi Tudu for participating in the feast on the occasion of marriage ceremony of his son and when he was returning to his house and was in his way and near the river, at around 8 p.m the accused Ramlal Murmu, who was hiding there from before, assaulted the informant with a knife and gave injury near his naval and thereafter fled away. Thereafter the informant raised alarm and his brothers Munsi Murmu and Guru Murmu and villagers Sukhu Tudu and Talo Soren came to the place of occurrence and the informant later (deceased) was brought to his house on a cot. In the next morning the informant(deceased) was brought to Boarijora P.S and his fardbeyan was recorded. He disclosed that reason for the incident is that there is a land related dispute going on in court and for this reason last Monday,at around 8 P.M with intention to kill, the accused assaulted him with a knife on his stomach and injured badly. 3. On the basis of the Fardbeyan of Maidas Murmu (deceased) Boarijor P.S.Case No. 55 of 2000 was registered on 4.7.2000 under sections 342 and 307 of the Indian Penal Code against the accused Ramlal Murmu and accordingly, formal FIR was drawn up, investigation commenced. However, informant Maidas Murmu died in course of his treatment on 5.7.2000 and as such section 302 of IPC was added in the FIR. Investigation of the case was done and charge sheet was submitted under section 302 of the Indian Penal Code against the accused person. Cognizance of the offence against the accused person on the basis of the chargesheet, case diary and other materials available on record was taken under section 302 of the Indian Penal Code and the case was committed to the court sessions on 18.12.2000 and registered as S.T. No. 125 of 2000/116 of 2007.Charge was framed against the accused Ramlal Murmu under section 302 of the Indian Penal Code by the learned Sessions Judge, Godda, but the accused pleaded not guilty and claimed to be tried. To substantiate the charge, the prosecution examined altogether 8 witnesses.