BHAKHLU ORAON @ HABIL LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 2nd of July, 2008 and Order of sentence dated 7th of July, 2008, passed by the learned Additional Sessions Judge, Fast Track Court, Simdega, in Sessions Trial No. 119 of 2005, whereby, the appellant has been found guilty and convicted for the offence under Sec. 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life.

(3.) The prosecution case was instituted, on the basis of the fardbeyan of the informant Bandhna Oraon, who is the husband of the deceased, recorded at his village Aura Bahar, Amba Toli, in the district of Simdega, on 4.8.2005 at 11.30 A.M. It is alleged in the fardbeyan that on 8.2015, at about 5.30 P.M. in the evening, Jaura Oraon, the younger son of the informant, was being assaulted by the accused Bhakhlu Oraon, and upon the alarm raised by him, the informant and his wife went to his rescue, whereupon Bhakhlu Oraon assaulted the wife of the informant by balua (sharp cutting weapon), causing injuries on her neck, due to which, she died at the spot. There was heavy rain at the time of occurrence. It is alleged that after assaulting the deceased, the accused, who was armed with balua and knife, threw away the said weapons and fled away. Due to heavy rain in the night, the police could not be informed. The police was informed in the morning and upon arrival of the police, fardbeyan of the informant was recorded, on the basis of which, T. Tangar P.S. Case No. 32 of 2005 corresponding to G.R. No. 228 of 2005 was instituted, for the offence under Sec. 302 of the Indian Penal Code against the accused and investigation was taken up. After investigation the police submitted the charge-sheet against the accused.