H.C.MISHRA, ANANDA SEN, JJ. - (1.) Heard learned counsel for the appellant and the learned Addl. P.P. for the State.
(2.) The sole appellant is aggrieved by the Judgment of conviction dated 03.06.2006 and Order of sentence dated 05.06.2006 passed by the learned Additional Sessions Judge-II, Gumla, in Session Trial No. 269 of 2004, whereby the sole appellant has been found guilty and convicted for the offence under sections 302 and 307 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under section 302 of the Indian Penal Code and R.I. For 7 years for the offence under section 307 of the Indian Penal Code, and both the sentences were directed to run concurrently.
(3.) According to the prosecution case, the case relates to murder of one Karmi Devi, mother of the informant Jamuna Kumari, in the night between 24-25.06.2004. The informant Jamuna Kumari aged about 10 years, is the child eye witness to the occurrence and she had given her fardbeyan to the Police on 25.06.2004 at 10 A.M. at her house in village Bongoloya, P.S. Basia, District Gumla. She stated that her father had died about 3-4 years ago due to some illness, and she has three brothers, one of whom was living with her Mousi at village Chharda. Her elder brother had gone to see film on C.D. in the house of Chhotan Lohra. On 24.06.2004 in the night, her uncle Mangru Oraon came to her house and he also stayed in her house. The informant slept with her mother and younger brother in one room. At about 3 A.M. in the morning, her uncle Mangru Oraon started abusing her mother and assaulting her with axe. The informant woke up and saw in the light of lamp burning in the room that her uncle Mangru Oraon was assaulting her mother with axe. She raised alarm and tried to save her mother, whereupon her uncle assaulted her also with axe causing injury on her left elbow. Upon hearing the alarm, her cousin Somra Oraon reached there and saved them and in the meantime accused fled away. The mother of the informant died at the spot. She stated that 8-10 days ago her mother had told her uncle that he had ploughed his own land earlier, resulting in lesser yield to her, whereupon there was some altercation between them, for which the occurrence had taken place. On the basis of the fardbeyan of the informant, Basia P.S. Case No. 32 of 2004, corresponding to G.R. No. 388 of 2004 was instituted for the offence under sections 302, 307 and 324 of the Indian Penal Code, against the accused Mangru Oraon and investigation was taken up. Upon completing the investigation, the Police submitted charge sheet in the instant case.;