DEVILAL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae and Additional Public Prosecutor on behalf of the State.

(2.) The informant Bhutal Soren is the brother of the deceased Guddu Soren aged 40 years who inter-alia alleged that the accused Devilal Murmu had committed the offence. His Fardbeyan was recorded at 5.30 hours on 1st January 2010 by the Sub-Inspector Sanoj Kumar, Officer In-charge, Ramgarh Police Station at Dholpathar Maidan. As the prosecution story goes the informant asserted that he received an information in the night that his brother (deceased) Guddu Soren had been killed by someone near Dholpathar Maidan (field). He proceeded along with his brother Dhaniram Soren (P.W.4) from village Majdiha at around 10.00 in the night. On reaching there, the villagers present informed that a football match had been played earlier and people present there were indulging in drinking, eating, etc. His brother Guddu Soren was also indulging in drinking and eating with the accused Devilal Murmu son of Late Sukul Murmu of village Kushumdih, P.S. Ramgarh, District Dumka. In course thereof, there was a quarrel amongst them, as a result the accused Devilal Murmu sat over his chest and assaulted him with a stone and also took his life by throttling. This incidence was seen by several people around whereafter Devilal Murmu was chased and caught. On these assertions the informant pleaded legal action against him. Upon this Fardbeyan a formal F.I.R. bearing Ramgarh P.S. Case No.01/2010 was registered under Section 302 of the Indian Penal Code against the sole accused Devilal Murmu. The case was found true as against the accused/appellant herein and charge sheet was submitted bearing no.13/2010 dated 26.01.2010 under Section 302 of the Indian Penal Code.

(3.) After cognizance was taken on 5 th February 2010, the case was committed to the court of sessions. Charges were framed on 3rd April 2010 under the aforesaid Section of Indian Penal Code. It was read over and explained to the accused in Hindi language to which he pleaded not guilty and claimed for trial.