- (1.) This appeal arises out of judgment and order of conviction and sentence dated 7.6.2004 passed by Learned Additional Sessions Judge, FTC 1, Dhanbad, in Sessions Trial No. 71 of 1999 whereby and whereunder the appellant has been convicted under section 302 of the Indian penal Code and accordingly sentenced to undergo imprisonment for life. The appellant has also been directed to pay fine of rupees five thousand and in default of payment, to undergo further imprisonment for two years.
(2.) Prosecution case, in short, as emerges from the fard beyan of the informant is as follows : The informant Gopi Manjhi gave fard beyan before the police on 28.8.1998 to the effect that on 27.8.1998 at about 18.30 hours, while he was sitting in front of his house with Malendra Manjhi (PW3), Sapan Manjhi (PW7), Budhu Manjhi (PW9), a person who was speaking Adivasi language, having an axe (kulhari) came from east side of the vilage. At the same time, one old person (Hopna Manjhi) aged about 70 years, and his wife, Budhni, aged about 65 years, came from the western side of the village and they stopped near the gate of the informant. The person who came from the eastern side gave out his name as Gosai Manjhi( Murmu) ( the appellant ). On seeing Hopna manjhi and his wife, the appellant assaulted Budhni Manjhi on her head with the axe as a result of which she fell down on the ground. Thereupon,Hopna said something upon which the appellant also assaulted him with the axe due to which he also fell down and both of them died at the spot. When the appellant tried to escape, he was chased by the villagers and ultimately caught and handed over to the Police.
(3.) On the basis of the said fard beyan of the informant Gopi Manjhi, Nirsa PS Case No. 182 of 1998 ( GR No. 3007 of 1008) was registered in which after completion of the investigation, charge sheet was submitted against the appellant and cognizance was taken by the trial court. The appellant faced the trial and convicted as aforesaid.;