DEOKI NANDAN PRASAD.HARI SHANKAR PRASAD J. - (1.) THE sole appellant filed this appeal against the judgment of conviction and sentence dated 30.11.1994 passed by the Additional Sessions Judge, Simdega in Sessions Trial No. 66 of 1992, whereby and whereunder, the learned Additional Sessions Judge convicted the appellant under section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(2.) THE prosecution case in brief is that one Rajim Sherma Gowala lodged a case alleging therein that he was at his house and, in the meantime, the deceased Raghu Gowala also came there and there was a family discussion going on at that time and the father was stating that harvesting of the paddy is essential and the deceased Raghu Gowala, was asked to do the work of harvesting, but at the same time, the appellant Mahendra Raut assaulted on the head of Raghu Gowala with Danda resulting fracture on his head and the blood started oozing out.Thereafter the appellant fled away. His brother Raghu Gowala was taken inside the house and they tried to take him to the Hospital, but none was available for going to the Hospital at that time and, as such, he was taken to the Hospital next day but because the blood was oozing out, he died. The informant along with his father and villager Tunnu Raut went to the Sarpanch and reported the matter. Thereafter on the advice of the Sarpanch and others, the case was registered against the appellant, which was lodged under section 302 of the Indian Penal Code. Equivalent Citation:2004 -LLJ -1 -534 The police investigated into the case and submitted charge sheet against the appellant. Witnesses were examined after framing of charge and after hearing both sides, the learned Trial Court convicted and sentenced the appellant in the manner stated above, hence this appeal.
(3.) THERE is specific and direct allegation against the appellant for assaulting the deceased Raghu Gowala with Danda on his head, as a result of which, the blood started oozing out and later on Raghu Gowala died.;