VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the sole appellant named above against the impugned judgment dated 21.1.1986 passed in Sessions Case No. 199 of 1982/92 of 1982 by Shri Md. Quamrul Hoda, 2nd Additional Sessions Judge, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Sections 302 and 201 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life under Section 302 of the Indian Penal Code but no separate sentence has been awarded to him under Section 201 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the FIR (Ext. 4) of PW 10 Dharma Paharia, the informant and the son of Deva Paharia, the deceased of this case lodged before Sundar Pahari PS on 16.1.1982 at 14.00 hours regarding the occurrence which is said to have taken place in village Bar Kairo Jori PS Sundar Pahari, District Santhal Paragana in the night between 15th and 16th January, 1982 i.e. at about 12 Oclock in the night. The FIR has been received in the Court of Additional CJM, Godda on 18.1.1982. The prosecution case, in brief, is that PW 11 Kumri Paharin, the wife of the deceased had gone towards village Bara Kairo Jori to pluck leafy vegetable in the morning of 16.1.1982 and she came back from there weeping and she told the informant besides other that the dead body of her husband Deva Paharia is lying in the field in village Bara Kairo Jori. It is alleged that on this information the informant along with others went there and found the dead body of the deceased and also a trail of blood going from that place to the house of the appellant in village Bara Kairo Jori and this led to the suspicion regarding commission of the murder of the deceased by the appellant and the appellant was called there and it was inquired from him in presence of several persons of the village about the incident and the appellant confessed before them that the deceased had come to his house at about 11 Oclock in the night and an altercation took place between him and the deceased and in course of altercation he gave three or four blows from wooden log causing bleeding injury on the person of the deceased who fell down and became unconscious and he died there as a result of the injury. It is further alleged that the appellant further confessed that he with the help of co -accused Saful Hembram brought the dead body from his house and threw the same in the field north of the village and, therefore, he has washed his house with cow dung. It is also alleged that the co -accused Saful Hembram had also confessed his guilt in the commission of the murder of the deceased.
(3.) THE appellant has pleaded not guilty of the charges 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 at the instance of PW 2, Rup Narain Paharia due to land dispute and this appellant in statement under Section 313, Cr PC has retracted from his confession.;