LAKSHMAN URAON, J. - (1.) THE sole appellant Suna Manjhi alias Sona Ram Manjhi has preferred this appeal against the judgment and order of conviction and sentence dated 26th February, 1993, passed by Shri Dilip Kumar Sinha, learned 4th Additional Sessions Judge, Singhbhum West at Chaibasa, in Sessions Trial No. 587 of 1989, whereby and whereunder, he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) THE prosecution case, as per the statement of the informant Smt. Fulo Manjhian (PW 3), wife of deceased Shim Manjhi, is that on the previous Saturday i.e. on 6.8.19?9 in the evening there was some altercation regarding boundary of the land in between appellant Suna Manjhi and her husband Shim Manjhi. On 7.8.1989 at about 12 noon at Village Sanjhar, Police Station -Raj Nagar, the informant and her husband were taking meal. Her husband had finished taking meal and after washing his hands, was proceeding towards the informant. In the meantime, appellant Suna Manjhi of the same village having a Tangi from his house reached to the Angan of the informant and gave Tangi blows on the back of Shim Manjhi, resulting cut injuries. Shim Manjhi fell down. Even then Suna Manjhi assaulted him with Tangi blows and murdered Shim Manjhi. The informant raised Hulla but no one came to her home. There is no house of the villagers nearby her home rather only accused appellant Suna Manjhi and his brother have got their houses. Moreover, the villagers had gone to work at their respective fields. After causing murder of Shim Manjhi, the appellant fled away, taking his Tangi. The informant went to Village -Kumarda and informed her Bhagina Sona Ram Manjhi alias Kishun Marandi along with whom she went to the police station and gave First Information Report at about 6.45 p.m. on the same day. The prosecution has examined altogether eight witnesses in this case. PW 1 Malti and PW 2 Kunki Manjhian are closely related with PW 3 the informant Fulo Manjhian. They are the only eye witnesses of the alleged occurrence. PW 4 Sona Ram Manjhi alias Kishun Marandi is the Bhagina of the informant, who is hearsay witness. PW 5 Vijay Mahto is a tendered witness. PW 6 Laxmi Narayan Mahto is a seizure list witness. PW 7 is Dr. Arun Kumar Gupta, who has conducted the postmortem examination on the dead body of Shim Manjhi and PW 8 Mithila Sihari Shukla is the Investigating Officer of this case. The defence has taken the alibi that at the time of the alleged occurrence, appellant was at Jamshedpur and in between 12 noon and 1.30 p.m. he received the dead body of his Bhagina Salkhan who had died at T.M.H., Jamshedpur and after receiving the dead body he took the dead body to Village home to burry it. P.W 1 Dr. Md. Masiha, P.W 2 Dr. Dina Nath Singh, P.W. 3 Jagat Ram Kermkar and P.W. 4 Prafull Kumar Sahu have been examined to prove the alibi taken by the appellant that he received the dead body of Salkhan, took it to the village and he was an employee of TISCO.
(3.) IN the F.I.R. (Ext. 1) informant Fulo Manjhian (PW 3) had not named any other witnesses, namely, PW 1 Malti and PW 2 Kunki Manjhian as eye witnesses. PW 8 Mithila Sihari Shukla in his cross -examination has also stated that he recorded the statement of the informant and formal F.I.R. was drawn accordingly, wherein, she had not named anyone as eye witnesses of the alleged occurrence. In course of her evidence PW 3 Fulo Manjhian has deposed that she along with PW 1 Malti and PW 2 Kunki Manjhian had gone to her paddy field for transplantation. At about noon, they returned home and were taking their meal. At that time appellant Suna Manjhi brought a Tangi from his house and assaulted her husband on his head. She has stated that appellant also chased them and then they fled away to Village -Kumarda. PW 1 Malti and PW 2 Kunki Manjhian have also claimed that at about 12 noon they returned back home after working in the field of Shim Manjhi and were taking their meal in the Angan of the informant. At that very time as per the statement of PW 1 Malti, accused brought a Farsa and cut Shim Manjhi. They raised Hulla but no one of the village came to the place of occurrence. Shim Manjhi died at the spot. Shim Manjhi was the elder brother of the husband of the witness PW 1 and PW 2 Kunki Manjhian is the elder sister of the deceased Shim Manjhi. The house of PW 1 Malti is situated at the end of the village. She claims that after working they returned to the village home. First she went to her house. Thereafter both these witnesses went to take their meal in the house of Shim Manjhi. PW 1 when went to her house, met her husband and children. She had not cooked any food at her home on that day and her husband and children took no meal. All were taking their meal facing towards east. The appellant came there with a Tangi from the back side and assaulted on the neck of Shim Manjhi two or three times. On being injured Shim Manjhi fell on the Katora (bowl). Thereafter, the appellant fled away. She had informed about the alleged occurrence to her husband and his elder brother Gandur.;