- (1.) SHRAVAS, Murmu @ Majhi being convicted under Section 304 Part -I I. P. C. and sentenced to undergo rigorous imprisonment for 10 years and also to pay fine of Rs. 1,000/- in default to undergo R. I. for six months and Surendra Murmu being convicted under Section 201 I. P. C. and sentenced to undergo R. I. for three years and to pay fine of Rs. 500/-I. D. to undergo R. I. for two months by the learned Additional Sessions judge, Puruiia in Sessions Trial No. 77 of 1985 arising out of Indpur P. S. Case No. 14 dated 25. 08. 1980 preferred this appeal challenging the order of conviction and sentence.
(2.) BACKGROUND facts of the prosecution case may be briefly stated as follows:- Accused Surendra and Shravan Majhi brothers of Baidyanath majhi were separated from the mess of Baidyanath Majhi and wife of Baidyanath Nilmani Murmu @ Majhi was at her father's house on 23. 08. 1980. There was a quarrel over the ration card between baidyanath and his father Sanatan Majhi in the evening on 23. 08. 1980. In course of that quarrel Baidyanath brought out an axe from his room and attempted to assault his father Sanatan. Shravan snatched away that axe in order to save his father and thereafter Shravan assaulted Baidyanath Majhi with that axe on various parts of his body and Baidyanath met his death due to such injuries. At the dead hours of night Shravan and Surendra carried the dead body of Baidyanath and dropped it in a jungle at Saklahir. On 24. 08. 1980 the police of Pairachali outpost under Indpur P. S. detected the presence of dead body in that jungle and reported the matter to Indpur P. S. and a G. D. Entry No. 671 dated 24. 08. 1980 was lodged on the basis of this matter. A. S. I. Kartick Roy of Indpur p. S. held the inquest on the dead body by U. D. Case No. 15 dated 24. 8. 1980. The dead body was sent to Bankura Morgue for post-mortem. As per P. M. report the death was due to injuries which were antemortem and homicidal in nature. Thereafter, Indpur P. S. Case 14 dated 28. 08. 1980 under Sections 302/201 I. P. C. was started, Mr. Ramakanta pati of Indpur P. S. took up the investigation. The I. O. came to know that the deceased was Baidyanath Murmu of Shyampur under P. S. Hura and a specific case at Hura P. S. had been started over that matter, mr. Pati handed over all connected papers to O. C. Hura P. S. through s. D. J. M. ,purulia.
(3.) DURING investigation by the Police Officer of Hura P. S. one Malati murmu was forwarded to the Court for recording her statement under section 164 Cr. P. C. and due to the transfer of the I. O. the said case was handed over to the other I. O. and the I. O. after completion of investigation submitted the charge-sheet against the accused who were released on bail and stood for trial.;