AJAY KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mrs. Anshu Dubey, appointed by JHALSA to represent the appellant in the instant appeal and learned Additional Public Prosecutor Mr. Gauri Shankar Prasad, representing the State.

(2.) This appellant who faced trial for the murder of his own father stands convicted by the impugned judgment dated 06.07.2005 passed in Sessions Trial Case No. 208/2004 by the learned Court of Additional Sessions Judge (F.T.C.-I), Gumla and is undergoing incarceration since 28.03.2004 during trial and after the order of sentence dated 13.07.2005 for life under section 302 of the Indian Penal Code.

(3.) The informant is Pradeep Kujur (P.W.6), son of the deceased and own brother of the appellant, whose fardbeyan was recorded at 11.00 hrs on 23.03.2004 by the Sub Inspector Sudhir Kumar Chaudhary of Dumari P.S. at village Rudrapur. The gist of the allegation, as contained in his fardbeyan, is as under: The informant stated that on 22.03.2004 he had gone towards Sukhatala Nala which is in north of his house at around 7.00 am for looking after his paddy field and in course of the day at 3.30 pm, wife of a co-villager, Rottrick Kujur came running and informed him that the informant's brother Ajay Kujur (accused) has killed his father. The informant rushed towards his house and saw his father Vincent Kujur aged about 85 years lying dead and blood splattered out of his head. On being asked, his wife Susana Kujur told him that while she was coming to her house in the village through a narrow lane at around quarter to 3.00 pm, she heard cries of the father (Baba) 'Mat-Mat Maro (don' kill don't kill) and she rushed on the said cries to the courtyard. She saw that Ajay Kujur (accused) was coming out with a blood stained kulhari (sharp cutting weapon) and he on seeing the wife of the informant, threatened her to leave, otherwise she would also be killed. She fled away and started raising brawl that Ajay had killed his father (Baba). On hearing brawl, a number of villagers assembled and they saw Ajay holding a Kulhari in his hand running towards Bitri Pahad (hill) in the east. The informant attributes the reason for the occurrence as under: