Vishnudeo Narayan,Lakshman Uraon, JJ. - (1.) The sole appellant Jafar Khan has preferred this appeal against the judgment and order of conviction and sentence dated 18th March, 1997, passed by Smt. Shakuntla Sinha, learned 1st Additional Judicial Commissioner, Khunti (Ranchi), in Sessions Trial No. 501 of 1994/ Tr. No. 59 of 1996, whereby and where -under, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/ -, in default of payment of fine to undergo rigorous imprisonment for six months.
(2.) THE prosecution case, based on the fardbeyan (Ext. 4) of Tua Munda (Pahan), recorded on 23.3,1994 at 21.30 hours at Village -Tapeshra, is that on 23.3.1994 he along with Mahmood Khan alias Tena (deceased) was returning from Jaltanda Market on their respective bicycles and reached Village -Tapeshra at about 5.00 p.m. The villager Jafar Khan (appellant), younger brother of Mahmood Khan, along with his brother -in -law Mumtaz Khan followed them on their respective bicycles. They caught the collar of Mahmood Khan and dashed him down. Both of them assaulted him in the field by the side of the road. When Mahmood Khan fell down, then appellant Jafar Khan took the big chhura from the hand of his brother -in -law Mumtaz Khan and assaulted several times on the back and abdomen of Mahmood Khan alias Tena. When the informant tried to rescue, he was threatened to be killed. When he raised alarm, the villagers of Tapeshra assembled there and chased both the assailants. Jafar Khan was apprehended along with blood stained Chhura whereas his brother -in -law Mumtaz Khan managed to escape. Mahmood Khan alias Tena died at the spot as there was grievous injuries on his abdomen. On the basis of the fardbeyan (Ext. 4), recorded by S.I. B.P. Sharma of Karra Police Station. Karra P.S. Case No. 12 of 1994 was registered under Section 302/34 of the Indian Penal Code against both the assailants. As Mumtaz Khan absconded, hence charge -sheet was submitted under Section 302/34 of the Indian Penal Code only against Jafar Khan, showing his brother -in -law Mumtaz Khan absconder. Learned Court below framed the charge against the sole appellant Jafar Khan under Section 302 of the Indian Penal Code and recorded the evidence of altogether nine witnesses, produced by the prosecution, to prove the charge. Pw 1 Shairun Khatoon is the widow of the deceased and is a hearsay witness. Pw 2 Kalyan Sanga is a witness on the inquest report. He has proved his signature and the signature of another witness on the inquest report (Exts. 1 and 1/1 respectively), Pw 3 Salem Khan is the witness, who carried the dead body from the place of occurrence to Khunti. Pw 4 Ismail Khan is the father of the deceased, who is also a hearsay witness. Pw 5 Lalwa Munda did not support the prosecution case and hence has been declared hostile. Pw 6 Dr. B. Ekka has conducted the autopsy on the dead body of Mahmood Khan alias Tena. Pw 7 Tua Pahan is the informant of the case, who is the only eye witness of the alleged occurrence, who was returning home along with the deceased on their respective bicycles from bazar. Pw 8 Debo Pahan is the only witness of Village -Tapesh -ra, which is near the place of occurrence. He was returning to his village from the same bazar Jaltanda. He had gone to the place of occurrence on hearing alarm and chased the assailants along with other villagers of Tapeshra and caught this appellant Jafar Khan with blood stained big chhura (dagger) in his hand along with the bicycle. Pw 9 Banwari Lal Jaiswal, a formal witness, has proved the formal First Information Report, fardbeyan and the inquest report (Exts. 3, 4 and 5 respectively), which are in the pen and signature of B.P. Sharma, the then Officer -in -charge, Karra Police Station.
(3.) THE learned 1st Additional Judicial Commissioner, Khunti, on the basis of the sole eye witness PW 7 Tua Pahan, corroborated by PW 8 Debo Pahan and the evidence of PW 6 Dr. B. Ekka, found the prosecution case proved under Section 302 of the Indian Penal Code against the sole appellant, resulting his conviction and sentence thereunder.;