VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the appellant named above against the impugned judgment dated 23.12.1989 passed in S.T. No. 269 of 1989 arising out of Gola P.S. Case No. 4(1)88 corresponding to G.R. Case No. 97 of 1988 by Shri Uma Shankar, 1st Additional Sessions Judge, Hazaribagh, whereby and whereunder the appellant aforesaid was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of the EI.A. (Ext. 3) of P.W. 1, Kandan Karmali, the informant lodged before the Gola P.S. on 13.1.1988 at about 8.00 hours regarding the occurrence which is said to have taken place at about 11 o'clock in the night between 12th and 13th of January, 1988 in the house of the informant in village Banda P.S. Gola, District Hazaribagh. The case was instituted on 13.1.1988 at 8.00 hours and the EI.R. was received in the court of C.J.M., Incharge, Hazaribagh on 16.1.1988. The prosecution case, in brief, is that the informant who is the father -in -law of the appellant was sleeping in the house along with his family members at 11.00 o'clock in the night on 12.1.1988 and at that time the appellant along with his friend came to his house and they slept at the outer Dhaba of the house of the informant. It is alleged that, thereafter, a quarrel ensued between the appellant and his friend aforesaid regarding payment of Rs. 750/ - and the informant came there from his house and asked them not to quarrel and at this the appellant told that his friend is not refunding a sum of Rs. 750/ - to him and, thereafter, a scuffle took place between the appellant and his friend and in course of scuffle the appellant picked up a pointed iron rod which was lying there and started assaulting his friend which caused injury on the head of his friend who fell down and died. It is also alleged that the appellant also intimidated the informant to be done to death and the informant with his family member fled away from his house out of fear. It is further alleged that the informant came back to his house in the morning and found that there was sufficient blood fallen in his "Dhaba" and the dead body of the friend of the appellant was thrown north of his house where a large number of persons of the village had assembled. It is also alleged that the Mukhiya of the village was informed about this occurrence. Lastly it has been alleged that the appellant had been in custody earlier several times in connection with dacoity case. In course of investigation it was transpired that the name of the deceased is Chamru Ojha.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case and it is the informant Kandan Karmali who has committed the murder of his friend as this appellant had gone in the company of his friend for the '''Vidai'' of his wife and the informant did not perform "Vidai" and he has falsely implicated this appellant in this got up case by committing the murder of the deceased by tangi.;