CHANDRU ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curie appointed by the Court for the appellant and the learned counsel for the State.

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 26.03.2007 and Order of sentence dated 29.03.2007, passed by the learned Additional Judicial Commissioner, Fast Track Court No. VII, Ranchi, in S.T. No. 491 of 2004, whereby the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, on the allegation that he had committed the murder of his own wife. Upon hearing on the point sentence, the appellant has been sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- for the said offence.

(3.) The prosecution case was instituted on basis of the fardbeyan of Birsa Oraon, the son of the accused Gandru Oraon and the deceased Dasmi Orain, recorded at his village Murto, P.S. Chanho, District Ranchi, on 16.4.2004, wherein he has stated that on the same day in the morning at about 5:30 A.M, he suddenly woke up hearing the screams of his mother Dasmi Orain, whereupon he rushed to her room and found his father Gandru Oraon armed with knife, by which he had already assaulted the mother of the informant, causing bleeding injury on her neck. Upon seeing the informant, the accused made another assault upon her, below the neck on the shoulder, whereupon his mother fell down. The informant tried to apprehend his father, but he fled away. The informant was trying to take his mother to the hospital, but she died at the spot. Thereafter the police was informed. Claiming, that his father had intentionally committed the murder of his mother, the fardbeyan was given by the informant, on the basis of which Chanho P.S. Case No. 25 of 2004, corresponding to G.R. No. 1073 of 2004, was instituted for the offence under Section 302 of the Indian Penal Code, against the accused Gandru Oraon, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.