- (1.) THIS criminal Appeal has been directed by the sole appellant named above against the impugned judgment dated 23.03.1996 passed in S.T. No. 537 of 1990 by Shri Amod Prasad Ram, Additional Sessions Judge, Saraikella whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code for committing the murder of Moira Dom and he was convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of the fardbeyan of P.W. 1, Raukan Munda, the informant recorded by S.I. Ram Padarath Singh of Kuchai P.S. on 22.01.1990 at 11.15 hours at village Gutuhatu regarding the occurrence which is said to have taken place on 21.01.1990 between the sunset and 20.30 hours in the Khalihan of the informant situate in village Gutuhatu, P.S. Kuchai, District Singhbhum. The case was instituted against the appellant on 22.01.1990 at 17.30 hours against unknown accused person and the FIR has been received in the Court empowered to take cognizance on 23.01.1990. The prosecution case in brief is that P.W.I, the informant returned to his house at about 8.30 P.M. on 22.01.1990 from Dalbhanga Bazar and his wife Shyam Kumari (P.W.3) reported that Moira Dom has been done to death. It is alleged that on getting the said information he along with others went to his Khalihan and found Moira Dom dead having injuries on his head and he also found a blood stained axe there. It is also alleged that on enquiry he learnt from P.W.4, Ghasiya Munda and P.W.5, Pandu Munda aged about 12 and 13 years respectively that they have seen the appellant Geja Munda going in the said Khalihan with Moira Dom, the deceased of this case, talking together taking fire in his hand for lightening the "Bhura". It has also been alleged that one "Bhura" was also found in the said Khalihan and the said blood stained axe belongs to the appellant. Accordingly, the suspicion has been cast on the appellant to have committed the murder of the deceased. It has also been alleged that the mother of the deceased was also done to death three years ago being branded as on exorcist in which the appellant along with others figured as an accused and Moira Dorn the deceased of this case was the ocular witness in that case and due to this fact he has been done to death.
(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 due to enmity.;