- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 29.01.1993 passed against the appellant by the Additional Sessions Judge, Simdega in Sessions Trial No. 130 of 1989 whereby the accused- appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) The facts of the case, in brief, are that on 26.3.1989 at village Kiabira (Bhubhutoli), P.S. Simdega, district-Gumla, the appellant-accused had gone to the house of his Samdhi, the deceased, Samuyal Kharia on the occasion of Paska (Estar) festival where both the persons, that is, the appellant and the deceased consumed Hariya (a kind of Deshi liquor). At the time of taking the said liquor the wife of the deceased and his son, Jifri Kharia including both the daughter-in-laws of the deceased were all in the house where they also took the said liquor. Thereafter, the accused-appellant asked the deceased to accompany him to his house where they would take the said liquor in their house. The deceased was a bit reluctant to accompany the accused-appellant but, later on, the appellant took the deceased to his house to take the said liquor. The wife of the deceased also insisted not to go with the appellant but since the insistence of the appellant persisted upon the deceased, the deceased accompanied the appellant. Both the persons reached near the mission ground. The informant, the wife of the deceased also followed them to see where they were going. At the place of incidence, that is, the mission ground, she saw that the appellant snatched the lathi from the deceased which the deceased was holding in his hand and yielded the said lathi on the deceased due to which the deceased fell down on the ground. The informant, the wife of the deceased, (PW3), Smt. Mariyum Khariain, made hue and cry upon which the son and the daughter-in-laws of the deceased reached at the spot and they also saw the appellant running away from the place of occurrence. They also found that the deceased was lying on the ground there. On the next day fardbeyan of PW 3, Mariyum Khariyain was recorded by the police and thereupon a case was registered against the appellant. After completion of investigation charge sheet was submitted.
(3.) The accused- appellant was committed to the court of sessions. He was charged under Section 302 I.P.C who claimed to be tried and denied all the allegations levelled against him. He further pleaded that he has been falsely implicated in this case.;