SUKAL SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the Judgment of conviction and Order of sentence dated 29th of June, 2005, passed by the learned 4th Additional Sessions Judge, FTC, Dumka, in Sessions Case No. 271 of 2004 / 137 of 2004, whereby, the 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. 1,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the Chaukidar Katkan Mirdha, recorded on 22.5.2004, at about 02.00 A.M. in the night, at village-Patharadaha, P.S. Raneshwar, District Dumka, stating that at about 12.15 A..M. in the night, when the Chaukidar was in his house, he was informed that at village-Patharadaha, one lady was murdered. Upon getting the information, he came to the village, where, he met Manik Rai and Ganpati Rai, who informed him that in the night at about 10.30 P.M., they heard the screams of the old aged mother of the accused, whereupon they rushed there and saw the accused Sukal Soren fleeing away with an axe in his hand. They chased the accused, whereupon, accused threw the axe, and he was apprehended after the chase. The accused informed them that he had killed his mother, and thereafter, they came to the house and saw the dead body of the deceased with bleeding injuries on her head and neck. The accused was handed over to him by the villagers, but he could not find the axe in the night. He has also stated that he was informed by the villagers that the accused had turned out his wife from his house after assaulting her, and used to live with his mother, with whom also he used to quarrel. Claiming, that the accused had committed the murder of his old aged mother Dular Marandi by axe, the fardbeyan was given by the Chaukidar, on the basis of which, Raneshwar P.S. Case No. 35 of 2004, corresponding to G.R. No. 482 of 2004, was instituted, for the offence under Section 302 of the Indian Penal Code, against the sole accused Sukal Soren, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.