LAWS(JHAR)-2009-7-13

SUSHIL HEMBRAM Vs. STATE OF JHARKHAND

Decided On July 17, 2009
Sushil Hembram Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE appellant has filed this appeal from Jail challenging the conviction and sentence passed by the Trial Court vide Judgment dated 28.01.2003 is Sessions Trial No. 126 of 1999 whereby, he has been found guilty for committing the murder of Solma Soren by stabbing into her abdomen by means of 'Chura' and thereby has been convicted for committing offence under Section 302 of the Indian Penal Code and has been awarded the sentence of imprisonment for life.

(2.) THE prosecution story in short is that the informant Churka Soren (not examined since deceased), father of the deceased Solma Soren (deceased), gave a Fardbayan on 28.04.1999 (Wednesday) stating therein that his daughter Solma Soren, aged about 20 years, who was married two years ago, was not willing to live in her in-laws place and hence, after one year of her marriage, she returned to her father's house and started living there. He further stated that since last 8 - 10 months, she got intimacy with Sushil Hembram (appellant). Although they did not marry but they were living as husband and wife as per Santhal customs. Sushil Hembram used to visit the house of the informant and used to stay with Solma Soren as her husband.

(3.) IN order to establish the charges, altogether nine witnesses were examined on behalf of the prosecution. As it appears that there is no witness to the actual assault said to have been made by the appellant.