- (1.) This appeal is directed against a judgement dated 8th June, 1993 passed by the learned Sessions Judge, Purulia, in Sessions Trial No. 3 of 1993 arising out of Sessions Case No. 90 of 1991 convicting the appellant, Haladhar Kumar, under Section 302 of the Indian Penal Code and an order also passed on the same day by which the convict was sentenced to suffer rigorous imprisonment for life.
(2.) The convict has co me up in appeal.
(3.) The facts and circumstances of the case briefly stated are as follows :- On 3rd May, 1989 a bullock belonging to Muchiram entered the vegetable garden of Hiralal. There was an altercation. The bullock was driven out from the garden and the matter ended there. In the afternoon when Muchiram was going to the grocery shop of Hari Lal (P.W. 7) he on the way was intercepted by Hiralal and was assaulted by a rod which has amply been proved by the evidence of the following witnesses. The evidence of P.W. 3 a hostile witness in this regard is as follows : "The quarrel between Hiralal and Muchiram was taken place on the village road at a distance (of) about 100 cubits from the grocery shop. Other villagers also went to the spot. During the altercation Hiralal assaulted Muchiram on his head with an iron rod. We the villagers intervened and separated Muchiram from Hiralal when Muchiram went home Hiralal was also proceeding towards his home." This evidence of the P.W. 3 has also been corroborated by another hostile witness namely P.W. 5. He deposed as follows : "The grocery of Harilal is on the opposite side of that place. The quarrel was between Hiralal and Muchiram. During the quarrel Hiralal hit Muchiram with an iron-rod and then Muchiram said that he would see them and saying this he went home." The de facto complainant, P.W. 1, deposed in this regard as follows : "On that day in the morning a cow of my uncle Muchiram ate away several brinjal plants from the land of Hiralal Kumar one of the accused of this case, since deceased. In the morning nothing happened over this incident. But, in the afternoon at about 5 P.M., Muchiram my uncle was going towards the shop of Harilal to buy grocery articles. On the way Hiralal came before Muchiram with a Chhara (iron-rod) and hit on the head of Muchiram therewith. As a result Muchiram received bleeding injury on his head. Muchiram then came home and reported that incident to me." The injury inflicted on the head of Muchiram was also found by the autopsy surgeon which is, as a matter of fact, the first injury in his report.;