PREM PURAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT -Prem Puran stood trial for committing murder of Sukra Puran. The court having found the appellant guilty convicted him for the offence punishable under Section 302 of Indian Penal Code vide judgment dated 29.7.2005 passed in ST. No. 220 of 2002 and sentenced him to undergo rigorous imprisonment for life vide order dated 1.8.2005. The case of the prosecution is that Sukra Puran, father of the informant Chaitnya Puran -P.W. 5 and Giridhar Puran, had planted tomato saplings in his backyard a few days before on account of which there had been an altercation with this appellant, residing in the neighbourhood. On the day of occurrence i.e. on 30.10.2001 at 5 am while the deceased -Sukra Puran was fencing the said piece of land on which saplings of tomato had been planted, informant -Chaitnya Puran -P.W. 5 and his brother Giridhari Puran -P.W. 2, who were in the house, heard distress sound of his father coming from the backyard. On hearing, both of them rushed to the backyard of the house where they saw this appellant assaulting their father over the back portion of his head and neck with 'farsa'. When they ran to save their father, the appellant fled away from there. They found their father dead whose back portion of head was cut and a lot of blood had been spilled over there.

(2.) THE doctor issued post mortem examination report (Ext. -4) with an opinion that the death was caused due to above -mentioned injuries caused by heavy sharp cutting weapon like 'farsa'. Time elapsed since death was found to be in between 6 to 24 hours.

(3.) DURING trial, the prosecution in order to prove its case examined altogether 7 witnesses. Of them, P.W. 2 -Giridhar Puran and P.W. 5 -Chaitnya Puran -inform -ant did testify that while they were in the house, they heard distress sound of their father coming from the backyard upon which when they went there, they found the appellant cutting the neck and head of their father. As soon as they reached at the place of occurrence, the appellant fled away from there. Meanwhile, P.W. 1 -Rukmini Kumari -daughter of the deceased also reached and saw the appellant fleeing from there. P.W. 3 -Subhash Adhikari and P.W.6 -Mahavir Yadav are the witnesses to the inquest.