- (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 13.09.1996 and 16.09.1996 respectively, passed in Sessions Trial No.166/1994, by 4th Addl. Sessions Judge, Singhbhum West at Chaibasa whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code (for short I.P.C) and sentenced to undergo imprisonment for life.
(2.) The prosecution case is based on the fardbeyan of Sutri Kui, wife of the deceased-Kurpu Kerai, wherein it is narrated that on 01.03.1994 at about 5.30 P.M. her husband(deceased) was returning home after grazing buffaloes and at that time Mangru Kerai armed with a wooden plank of the cot(Khatia ka patti) confronted her husband in the field of Ghasia Angaria which is situated 100 yards from the house of the informant. It is alleged that Mangru Kerai told her husband that he will take his revenge as her husband had assaulted him earlier and also threatened to kill him; that her husband tried to pacify the accused whereupon Mangru Kerai gave a blow on the head with the wooden plank due to which her husband fell down and died; that on her alarm Rautu Angaria and Jema Kui witnesses to the occurrence, came there whereafter they informed the Mukhiya and Munda about the occurrence who sent the information to the police. It is stated that since there was quarrel between her husband and the accused earlier the accused- Mungru Kerai had killed her husband. On the basis of the fardbeyan dated 02.03.1994, Goelkera P.S.Case NO.07/1994 was registered and after completion of investigation the police submitted charge-sheet whereupon cognizance was taken and the case was committed to the court of sessions. The appellant-accused pleaded not guilty to the charges and faced the trial.
(3.) It appears that prosecution has examined altogether five witnesses, namely, P.W.1-Dr. Mathura Prasad Singh who held autopsy on the dead body of the deceased and the post report is marked as Ext.1; P.W.2-Sutri Kui is the informant and wife of the deceased; P.W.3-Jema Kui; P.W.4-Rautu Angaria and P.W.5 is Rana Ram Badan Singh who has proved fardbeyan(Ext.2); formal F.I.R(Ext.3) and the inquest report(Ext.4). On the closure of the prosecution evidence the statement of the accused was recorded under Section 313 Cr.P.C. and the defence is of complete denial. Considering the evidence on record learned 4th Addl. Sessions Judge, West Singhbhum at Chaibasa convicted the appellant by the impugned judgment.;