Decided on May 07,2003

Dilaram Manjhi Appellant


L. C. BHADOO, J. - (1.)The accused/appellant Dilaram Manjhi has preferred this appeal under Section 374(2) of the Criminal Procedure Code through the Superintendent of Jail, Bilaspur being aggrieved by the judgment of conviction dated 21-6-2001 passed by the third Additional Sessions Judge, Raigarh by which learned Additional Sessions Judge after holding the accused/appellant guilty under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life.
(2.)The relevant prosecution story for the disposal of this criminal appeal is that on 31st July, 2000 at about 7 p.m. in the evening in the Village Nawadih Kudumkela the accused/appellant by causing the injury by means of lathi on the head caused murder of Jigni Bai. At that time her husband Rantaram and son Amal Singh were not at the residence as they had gone for working in agricultural field. When in the evening the husband and son of Jigni Bai returned from their work they saw the injury on forehead of Jigni Bai and enquired about the injury. Jigni Bai informed them that accused Dilaram has caused that injury. Jigni Bai was conscious during the night, she could not be taken for treatment on the date of occurrence and when the next day she was being taken for treatment to Raigarh, she succumbed to the injury. The husband of the deceased convened a panchayat in the village in which on enquiry by the Sarpanch, the accused/appellant made extra-judicial confession before the panchayat that because Jigni Bai abused him that is why he assaulted her by lathi on her head, Amal Singh, son of the deceased reported the matter to the S.H.O. Rashmi Kant Mishr, who entered the merg intimation (Ex. P-1) on 2-8-2000, and based on this merg intimation offence was registered vide Crime No. 92/2000. Vide Ex. P-2, Panchayatnama of the body of the deceased was prepared vide Ex. P-6, the post-mortem of the body of the deceased was got conducted in Primary Health Centre, Gharghora by Dr. S.N. Kesri (P.W. 8) who prepared the post-mortem report (Ex. P-19). Based on the memorandum given by the accused, the lathi was recovered; sample soil, blood smeared soil and clothes of the deceased were taken into possession, site map of the place of occurrence was prepared, and after completion of the investigation charge sheet was filed against the accused/appellant.
(3.)The charge under Section 302 of the Indian Penal Code was framed against the accused/appellant who in turn after hearing the charge denied the same and asked for trial.

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