Lakshman Uraon, J. - (1.) THE sole appellant Manoj Sahu alias Manoj Prasad Sahu has preferred this Criminal Appeal against the judgment and order of conviction and sentence dated 29.8.2000 and 1.9.2000 respectively, passed by the learned Sessions Judge. Gumla in Sessions Trial No. 277 of 1998, whereby and whereunder, he (the appellant) has been convicted under Section 302 of the Indian Penal Code and sentenced to death.
(2.) THE prosecution case, as per the fardbeyan of Lila Devi (PW 4), wife of the deceased Ram Briksh Sahu alias Jhagru Sahu, recorded by Sri B.B. Verma, Officer -in -Charge, Sisai Police Station on 14.7.1998 at 12 noon (Ext. 4), is that the husband of the informant. Ram Briksh Sahu alias Jhagru Sahu, had returned from Gumla Market on cycle to his village home, Murgu, Police Station -Sisai at about 9.30 p.m. Her Dewar Manoj Sahu, having a Chaku (knife) in his right had went there and informed Ram Briksh Sahu alias Jhagru Sahu that Bultan Sahu (PW 3) did not obey his order to graze his cattle and hence he had assaulted him and the informant had abused him (the appellant) enough. The appellant asked his elder brother, Ram Briksh Sahu alias Jhagru Sahu to do whatever he liked. At his, Ram Briksh Sahu alias Jhagru Sahu replied that in the next morning he will reconcile the matter. The appellant then became angry and caught hold of his hand and dragged him towards the house of Ram Pratap Sahu (PW I). The informant Lila Devi (PW 4), her daughter Meena Kumari (PW 2) and her son Bultan Sahu (PW 3) tried to object but the appellant. Manoj Sahu, did not listen and took him (Ram Briksh Sahu alias Jhagru Sahu) on road in front of the house of Ram Pratap Sahu and gave Chaku blows on the chest and abdomen of Ram Briksh Sahu alias Jhagru Sahu. On being injured Ram Briksh Sahu fell down and died instantaneously. The appellant, Manoj Sahu thereafter, fled away. On hearing the cry of the informant her son and daughter, the villagers. Manu Sao (PW 6) and Radha Sao (PW 7) including others, came there. With their help the dead body was taken at the united door and was kept on a cot. The cause of the alleged occurrence has been alleged that Bultan Sahu (PW 3) did not graze the cattle of the appellant. There was some altercation, resulting in the murder of Ram Briksh Sahu alia Jhagru Sahu. On the basis of the fardbeyan, a case was registered and charge -sheet was submitted against the sole appellant under Section 302 of the Indian Penal Code. The prosecution has examined nine witnesses in order to prove its case. Out of them, PW 8 is Dr. Krishna Prasad, who has conducted the post -mortem examination on the dead body of Ram Briksh Sahu, PW 9 B.B. Verma is the Investigating Officer of this Case. PW l (Ram Pratap Sahu), PW 6 (Manu Sahu) and PW 7 (Radha Sahu) have been declared hostile by the prosecution. P.W. 5 (Shrinath Sahu) is a formal witness. Thus, the remaining three witnesses, namely, PW 2 (Meena Kumari), daughter of the deceased. PW 3 (Bultan Sahu), son of the deceased, and PW 4 (Lila Devi), wife of the deceased, remained who have deposed in support of the prosecution case. The learned Sessions Judge considering the evidence available on record, found the sole appellant guilty for the charge levelled against him under Section 302 of the Indian Penal Code and after hearing on the point of sentence, appellant was sentenced to death.
(3.) THE learned Sessions Judge has referred the same for affirmation of the death sentence vide Reference Letter No. 1729 dated 1st September. 2000, which has been registered as Death Reference No. 3 of 2000. The convict (appellant) also preferred appeal against the said judgment and order of conviction and death sentence, resulting Cr. Appeal No. 334 of 2000.;