- (1.) THIS appeal has been directed by the appellant named above against the judgment and order dated 29.6.1990 passed in ST No. 58 of 1983/375 of 1982 by Shri Shamsher Bahadur Singh, 1st Additional District and Sessions Judge, Gumla whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo RI for life. However, co -accused Ajgut Topno was found not guilty and acquitted in the said case.
(2.) THE prosecution case has arisen on the basis of the FIR (Ext. 3) of PW 1, Temse Barla, the informant recorded at 9.00 hours on 7.8.1982 regarding the occurrence which is said to have taken place on 6.8.1982 at 18.00 hours at village Turbultand Toli in which Basu Pahan is said to have been done to death. According to the prosecution case the informant PW 1 Tamse Barla was returning from Turbul Bazar in the company of Basu Pahan, the deceased of this case for his village Raiba and at about 6.00 p.m. when he reached at Tandtoli Turbul with the deceased the appellant along with acquitted co -accused came there. It is alleged that the acquitted accused caught the informant and, thereafter, the appellant gave two blows by his lathi on the head of the deceased as a result of which there was profuse bleeding from the head of the deceased who fell down and died and thereafter the appellant and the acquitted co - accused fled away from there. It is further alleged that the informant got himself extricated from the clutches of the co - accused and fled away from there and came to the house and he has narrated the incident to his wife PW 4, James Barla and the village chowkidar.
(3.) THE appellant has pleaded not guilty to the charge leveled 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 on mere suspicion.;