S.J.MUKHOPADHAYA, J. - (1.) The sole appellant Mohan Manjhi has challenged the judgment and order of conviction and sentence dated 16th December, 1998, passed by Sri Krishna Murari, learned 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 447 of 1994/ 42 of 1998, whereby and whereunder he has been convicted for the offence under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) The accused-appellant was charged under Sec. 302 of the Indian Penal Code for committing murder of his two daughters and one son. His wife Smt. Kalomi Manjhi (PW-1) lodged a Fard-beyan (Ext. 3) against the appellant (husband of the informant), who later on was declared hostile by the prosecution. The learned Court below convicted the appellant on the basis of the evidence of single eye-witness, namely, Rohara Murmu (PW-3), as corroborated by some other witnesses, namely, Ratan Murmu (PW-4), Dhansi Murmu (PW-5), Lambodar Murmu (PW-6) and Sugda Murmu alias Sukhdeo Murmu (PW-7).
(3.) The case of the prosecution, as per the Fardbeyan of Smt. Kalomi Manjhi (PW-1), recorded on 31st October, 1992, is that in the last night i.e. 30th October, 1992 (Friday), all her sons and daughters, four in number, had gone to sleep after taking meals. Appellant Mohan Manjhi asked her to hand over the iron bangles, which she was wearing in her hand. The appellant further asked her to go to her parent's house, as he was not willing to keep her with him. When the informant refused to hand over her iron bangles to the appellant, he started assaulting the informant. When the informant started crying, the appellant snatched the one year old baby Durgamani from her lap and caused injury on the head of the baby by Basula, a sharp cutting heavy weapon. Thereafter, the appellant committed the murder of his son Mansa Ram Manjhi (5 years old) and daughter Jadori (9 years old) by hitting on their heads by the same Basula. The appellant wanted to kill his another son, namely, Konda Manjhi but in the meantime, sister's son of the informant, namely, Rohara Murmu (PW-3) arrived at the place of occurrence, hearing the cry of the informant, and fled away from the place of occurrence after lifting Konda Manjhi. The accused, thereafter, fled away from the place of occurrence but returned thereafter sometime. The informant apprehended that the accused may commit her murder as well as the murder of her remaining child.;