- (1.) THE appellant is aggrieved by the judgment of conviction dated 18th July, 2003 and order of sentence dated 19th July, 2003 passed by learned Additional District & Sessions Judge, Fast Track Court No. -lll, Gumla in S.T. No. 12 of 1997, whereby the appellant has been held guilty and convicted for the offences under Section 302 of the Indian Penal Code and Section 27(1) of the Arms Act. The appellant has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for three years under Section 27(1) of the Arms Act. Both the sentences are to run concurrently.
(2.) THE prosecution case was launched on the fardbeyan of Budhwa Kindo dated 18th July, 1996. The prosecution case, in brief, is that the informant's sister was married with Matal Oraon. After marriage, his sister was ill -treated by the members of the inlaws family. She was not keeping good health and as such came to reside at the house of her parent. 8 -10 days ago, Matal had come to take the informant's sister to his village, but due to ill health she did not go. On 17th July, 1996, at about 8.00 p.m., when the family members were engaged in cooking their food, they heard sound of knocking at the door. The informant's father went to open the door. In the meantime, he heard the sound of firing. The informant having a torch in his hand rushed to the door and saw the appellant fleeing away, holding a gun in his hand. He found his father -Firu Kindu having sustained firearm injury caused, causing instantaneous death. Other family members also arrived there and saw the scene. The reason, as alleged by the informant, was the refusal of the informant's sister to accompany the appellant to her in -laws house.
(3.) ON the basis of the said fardbeyan, the case was registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. On conclusion of investigation, police submitted charge -sheet for the offences under the said sections.;