LAKHAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ashish Verma, learned Amicus Curiae and learned counsel for the State Mr. Gauri Shankar Prasad, learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 30.07.2010 and order of sentence dated 02.08.2010 passed by the learned Sessions Judge, Godda in Sessions Case No. 85 of 2010 whereby the learned Trial Court has held the sole appellant Lakhan Murmu guilty for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life and a fine of Rs. 5,000/- and in default in payment thereof, to undergo further simple imprisonment for one month. However, learned Trial Court has acquitted the appellant of the charge under section 201 of the Indian Penal Code.

(3.) Prosecution case is based upon the fardbeyan of Thomas Soren (PW-7), the informant, recorded by the Sub Inspector of Police Baleshwar Oraon (PW3) at Siramgudda Nali on 30.11.2009 at 9.45 AM. The informant has stated that at about 4.00 AM in the morning while he was in his house, he woke up on the brawl and went along with Daniel Soren (PW-4), Babudhan Soren (PW8) and Karan Soren (PW-6) towards Siramgudda Nali where he saw the dead body of his youngest sister Mary Soren aged about 23 years lying on the ground in Jungle. Informant has further alleged that his brother in law Lakhan Murmu, accused / appellant after chopping the neck of his sister, fled away. The informant has further stated that they have tried to caught hold of him, but he has fled away. Informant has further stated that his sister's marriage with Lakhan Murmu was solemnized two years ago as per Santhli rites and customs. Informant has further stated that his sister was working as Sevika in Anganwari Centre. There was some quarrel in the family. Informant has alleged that he has informed the police, on the basis of which, police came and fardbeyan was recorded.