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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Bhokta Murmu, Son of Late Ruthu Murmu – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. overview of conviction and case facts. (Para 1 , 2 , 3) |
| 2. arguments by defense and prosecution. (Para 4 , 5) |
| 3. insufficient eyewitness testimony. (Para 9 , 10) |
| 4. intention regarded under ipc section 307. (Para 11 , 12 , 13 , 14) |
| 5. modification of conviction from section 307 to section 324. (Para 15 , 16) |
| 6. conclusion and final order of the court. (Para 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
SRI ANANDA SEN, J.
1. This Criminal Appeal is preferred on behalf of the sole appellant being aggrieved by the judgment of conviction dated 10.01.2008 and order of sentence dated 11.01.2008 passed by learned 5th Additional. Sessions Judge (F.T.C.), Dumka in Sessions Case No. 234 of 2006, whereby and where under the appellant has been convicted for offence under Section 307 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for five years.
2. The prosecution’s case is based on the fardbeyan of informant Kaleshwar Rai (P.W-7), recorded on 29/09/2006. He in his fardbeyan stated that on 28/09/2006, after returning from Hatia with co-villager Bhokta Murmu (Appellant), an altercation broke out at around 7:00 P.M. between him and Bhokta Murmu and his wife Roshni
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