- (1.) This appeal arises from the judgment of conviction and order of sentence dated 05.03.2003 and 06.03.2003 respectively passed by the Learned Additional Sessions Judge-cum-Fast Track Court No. 1, Gumla in Sessions Trial No. 84 of 2002, convicting the appellant under sections 302 and 307 IPC and sentencing him to undergo R.I. for life under section 302 and R.I. for five years under section 307 IPC. However, both the sentences were to run concurrently.
(2.) The prosecution case in short is that the informant-Ropan Munda (PW-7) lodged a fardbeyan on 17.01.2002 at 14.15 hrs before the police stating therein that in the previous night at about 9.00 PM when he was talking with his family members, the appellant who happens to be his neighbour, suddenly came in his house with a piece of wood and without any reason, assaulted his brother Atwa Munda (deceased) on his head, due to which, he sustained bleeding injury and ultimately, he died. The informant along with Budhu Munda (PW-4) tried to caught hold of him, he assaulted Budhu Munda also on his head causing injury to him. Thereafter, the appellant fled away to his house leaving the wooden plank there.
(3.) After carefully going through the records, we are of the opinion that the occurrence as alleged cannot be disputed.;