VISHNUDEO NARAYAN,J. - (1.) THIS appeal has been preferred by the sole appellant named above against the judgment dated 29.8.1992 passed in S.T. No. 131 of 1990 by Shri Tarkeshwar Prasad, 2nd Additional Sessions Judge, Jamshedpur whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code for the commission of the murder of Ramesh Sardar said to be the husband of his sister and he was convicted and sentenced to undergo imprisonment for life.
(2.) THE prosecution case has arisen on the basis of the FIR (Ext. 3) of PW 1 Bhagirathi Mahto recorded by Sachidanand Dev, O.C., Dumaria PS in the district of Singhbhum on 29.10.1989 at 7.00 hours regarding the occurrence which is said to have taken place on 28.10.1999 at 18.00 hours in village Kasmar Tola, Chutia Bar PS Dumaria, district Singhbhum. The prosecution case, in brief, is that PW 1, the informant came to the house of his sister Gulabi Mahto with a lantern in his hand to take a cock from her on the day of the occurrence at about 6 oclock in the evening and he was sitting there and at that time he heard the alarms of quarrel and he came to the place of occurrence with lantern and when he reached near the road he saw the appellant Khairu Sardar along with his brother Pahar Sardar and he saw the appellant assaulting Ramesh Sardar, resident of village Damudih by an axe and at that time Pahar Sardar was standing there unarmed having no overt act in the occurrence. It is also alleged that the appellant was uttering in course of the commission of the occurrence that he shall be done to death as to why he has misbehaved with his (appellant) sister and as a result of the assault Ramesh Sardar fell down. It is alleged that PW 1, the Informant attempted to save Ramesh Sardar but was intimidated to be done to death by the appellant and, thereafter, the appellant along with Pahar Sardar fled away towards their house and, thereafter, PW 1 raised alarms and Ravi Mahto, Bhutesh Mahto along with several other persons of the village came to the place of occurrence and they were told about the occurrence by him. It is also alleged that there was bleeding injuries on the neck of Ramesh Sardar. Thereafter, PW 7 Guna Naik, Hende Sardar, Kameshwar Sardar of village Damudih came there and they were also told about the occurrence.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case.;