- (1.) THE sole appellant named above has preferred this appeal against the impugned judgment and order dated 13.02.1990 passed in S.T. No. 62 of 1988 by Shri Philip Topno, 1st Additional Sessions Judge, Palamau whereby and whereunder appellant Mukhdeo Singh was found guilty for the offence under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life. However, co -accused Sahdeo Singh was acquitted for the offence under Section 302/109 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the EI.R. (Ext. 2) of P.W.1 Rambriksh Mahto lodged before the Manatu P.S. on 07.08.87 at 12.00 hours regarding the occurrence which is said to have taken place on 06.08.87 at 8.00 hours in village Dhirgiri which is within a dense forest. According to the prosecution case P.w. 1, the informant, a resident of village Yashpur was getting his cattle grazed in Dhirgiri jungle and Tilak Mahto, the deceased was also getting his she -buffalo grazed nearby and in course of grazing the she -buffalo slipped into the maize field of Jaggu Singh, the father of the appellant and the said she -buffalo also grazed some of the maize plants in the said field. It is alleged that the appellant along with the acquitted co -accused Sahdeo Singh came to the field and, thereafter, this appellant assaulted the deceased by lathi giving four blows on his person as a result of which he fell down. It is also alleged that acquitted co -accused aforesaid was abetting this appellant for the assault on the deceased. The prosecution case further is that the appellant and the acquitted co -accused aforesaid also abused the persons who were getting their cattle grazed in the said jungle and at this the informant fled away from there and he came to the village and narrated the incident to P.W. 2, Shyam Narain Yadav, the brother of the wife of Tilak Yadav aforesaid. It is alleged that, thereafter, P.W.2 went to the place of occurrence in search of the deceased and not finding him there he proceeded to the pound from where he got the she -buffalo released and, thereafter, returned to his village. It is also alleged that, thereafter, P.W. 2 got the information at 8 O' clock in the following morning that the dead body of Tilak Yadav is hanging in the Bhandar of the appellant from its Dharan. It is also alleged that Tilak Yadav had died as a result of the assault aforesaid by lathi perpetrated by the appellant and, thereafter, his dead body was hung in the said Bhandar from its Dharan by the appellant and the acquitted co -accused and the said Bhandar is situated in the said very maize field.
(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.;