IMIL TOPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction date 19th December 2003 and order of sentence dated 23rd December 2003, passed by the then Additional Judicial Commissioner -II, Khunti in Sessions Trial No. 393 of 2002, whereby and whereunder the Court having found the appellant Imil Topno guilty for committing murder of Khirodhar Sahu, convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution, as has been projected in the fardbeyan (Ext. - 1/1), is that on 28/04/2002, Khirodhar Sahu, the husband of the informant Phulmani Devi (PW -1), had gone to the village Degree to attend a marriage ceremony. While he was there in that village, the appellant Imil Topno, at about 12 'O' Clock, came to the house of the informant armed with 'Tangi' and started banging the door with 'Tangi'. He even climbed on the roof and started breaking the tiles. Seeing all this, the informant Phulmani Devi came out of the home and rushed to the village Degree. But, by that time, her husband Khirodhar Sahu had left the village Degree. At about '6' Clock in the evening, her son Garib Das (PW -2) came to the village Degree and informed her that the appellant Imil Topno by entering into the house, has committed murder of his father. On hearing this, she immediately came home and found her husband dead. By that time also the appellant was wondering here and there by holding 'Tangi' in his hand and, therefore, he did not come out of the house for informing about the occurrence at the police station.

(3.) ON completion of the investigation, when charge sheet was submitted, cognizance of the offence was taken against the appellant.