- (1.) Yesterday on 12.7.2011 when Mr. Jalisur Rahman learned counsel appearing for the appellant submitted that he has got no instruction from the appellant, he being a panel counsel in the High Court Legal Services Committee was appointed as amicus curiae to assist the Court, and then he was heard on behalf of the appellant and Mr. T. N. Verma on behalf of the State, and it was kept for further hearing to-day.
(2.) This appeal arises against the judgment of conviction and order of sentence dated 14.11.2002 passed by Sri Chamru Tanti, 4th Additional Sessions Judge, Dumka in Sessions Case No. 86 of 1999 convicting the appellant under Sections 302 of IPC and sentencing him to undergo R.I. for life.
(3.) The prosecution case in short is that on 5.1.1999 at about 7:00 a.m. Suniram Tuddu (deceased), the husband of the informant Sarola Murmu (PW 3) had gone to attend the call of nature. After half an hour she heard hue and cry. She came out with Mucharu Tuddu (PW 2) Paulus Tuddu (PW 8) and saw that the appellant was assaulting Suniram Tuddu by leg and he had iron Dav (Sickle an instrument for cutting) in his hand. She tried to rescue his husband but the appellant pushed her and made Suniram Tuddu fall on the ground by giving blow on leg and mounted on his chest; and assaulted on his neck by Dav due to which neck of Suniram Tuddu was cut and then he died. Several persons assembled, but as the appellant was having Dav in his hand, nobody intervened and the appellant fled away. It is further alleged that the appellant used to make false allegation against the deceased that he had illicit relation with the wife of the appellant and he was accordingly threated with dire consequences about which her husband had complained before the villagers. On this, the village pradhan had gone to the house of the appellant and settled the matter.;