LAKSHMAN URAON, J. - (1.) APPELLANT Firangi Munda has preferred this appeal against the order of conviction and sentence dated 18th September, 1989 passed by Shri B.N. Singh, Sessions Judge, Gumla in Sessions Trial No. 295 of 1986 whereby and whereunder the sole appellant was convicted under Section 302 IPC and sentenced to undergo R.I. for life.
(2.) THE prosecution launched on the fardbeyan (Ext. 1/1) of informant Sanichar Domra (PW. 5) recorded by S.I. R.P. Singh of Kamdara PS on 21.10.1985 at 6.00 a.m. is that he along with PW. 3 Sanichar Kharia and PW. 7 Budhram Oraon were harvesting paddy crops of their master PW. 8 Gulab Choudhary. Manager of the landlord, namely, Jamadar Singh was reading book by sitting on the ridge at about 1.00 p.m. on 20.10.1985. He heard sound of tapping and saw that one person whose name they were not knowing who was resident of village Murga Toli, PS -Kamdara, went there and gave axe -blow on the head of Jamadar Singh from behind. Jamadar Singh on being injured fell down. All the three labourers harvesting the paddy crops, rushed there. By that time, the assailant fled away on cycle with axe. They brought injured Jamadar Singh on the road under the tree. He had sustained bleeding injury and was unconscious. Rajesh of Kamdara was coming on a cycle. He was asked to inform the landlord. On being informed, Chhabi Nath Ohdar (PW. 4), servant of PW. 8 Gulab Choudhary, went to the P/O taking a truck. Injured Jamadar Singh was taken to hospital on the truck who died in the morning. Later on, the informant came to know that Firangi Munda (appellant) was the assailant. The prosecution, in order to prove the charge, examined 9 witnesses. PW. 1 and PW. 2 are formal witnesses. PW. 3 Sanichar Kharia, PW. 5 Sanichar Domra (informant) and PW. 7 Budhram Oraon are the eyewitnesses who were harvesting the paddy crops of their landlord PW. 8 Gulab Choudhary. PW. 4 Chhabi Nath Ohdar simply took the truck to carry the injured Jamadar Singh and took him to hospital. PW. 6 Fudo Devi, wife of the deceased, a hearsay witness, saw the dead body of her husband. PW. 9 Dr. Yogendra Prasad is another formal witness who has not conducted post mortem examination on the dead body, but has proved the post mortem report conducted by Dr. K.P. Srivastava (Ext. 2).
(3.) THE learned Court below relied the evidence of the prosecution witnesses and convicted the sole appellant under Section 302 IPC and sentenced him thereunder.;