MANGAL @ MANGRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 18th of January, 2008 and Order of sentence dated 24th of January, 2008, passed by the learned Additional Judicial Commissioner, FTC, Khunti, in Sessions Trial No. 442 of 2006, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment and fine of Rs. 2,000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Joshila Kindo, who is wife of the deceased Lathru Oraon, recorded on 20.10.2005, at about 11.30 PM in the night, at village-Palsa, P.S. Karra, District Khunti. She has stated that in the same night at about 8.00 PM, her husband Lathru Oraon, mother-in-law Bhukhli Oraon, her sister Amita Minz and she had come out of the house after taking their meals, for urinating, before going to bed, and they had a lantern with them. Her husband was urinating near the wall of the house, when suddenly, Mangra Oraon @ Mangal, who is the husband of Amita Minz, came armed with sword, along with one unknown person, and he assaulted her husband by sword, causing injuries on the left arm of her husband. Her husband, thereafter, snatched the sword from the accused. She has further stated that there was some matrimonial dispute between the accused Mangra Oraon @ Mangal and her sister Amita Minz, due to which, he had left her sister, and the accused had also threatened her sister. For the last 15 days, her sister was staying with her due to which, Mangal @ Mangra Oraon had visited her place and assaulted her husband. She has stated that her husband died at the spot. On the basis of the fardbeyan of the informant, Karra P.S. Case No. 67 of 2005, corresponding to G.R. No. 589 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the sole accused Mangra Oraon @ Mangal, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.