D.N.UPADHYAY,J. - (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 2nd August,2004 and 3rd August,2004 respectively passed by learned Additional Sessions Judge, F.T.C. -II, Singhbhum West at Chaibasa, in connection with Sessions Trial no.15 of 2004 corresponding to G.R. Case no.218 of 2003 arising out of Bandgaon P.S. Case no.25 of 2003, whereby the appellant has been held guilty for the offence punishable under Sections 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Considering poverty of the appellant, no fine was imposed.
(2.) The facts, in brief, are that on 23.09.2003 at 12.00 noon, the informant with her husband -Ladu Sandi Purty(deceased) was going to harvest paddy. On the way, Sanika Sandi Purty @ Konda Sandi Purty(appellant), who happens to be elder brother of the deceased, met with him and asked as to why he is not ready to partition the property whereupon the deceased replied that let the partition of the property be decided in the meeting. The appellant did not agree and inflicted spade blow on the head of Ladu Sandi Purty, as a result of which he fell down and died. Fardbeyan of Radha Mundarin(informant) was recorded on 24.09.2003 at about 12.15 noon and a case being Bandgaon P.S. Case no.25 of 2003 under section 302 I.P.C. against the appellant was registered. The investigation was carried out, incriminating materials were collected, witnesses were examined and finally charge sheet against the appellant was submitted. Accordingly cognizance was taken and the case was committed to the court of Sessions and registered as Sessions Trial no. 15 of 2004.
(3.) Charge under section 302 I.P.C. was framed against the appellant to which he pleaded not guilty and claimed to be tried. To substantiate the charges, prosecution has examined altogether nine witnesses, including informant and the doctor, namely, Dr. Murli Manish (P.W.1), who had conducted post mortem examination. Rameshwar Kumar Singh (P.W9) is the Investigating Officer, who has proved the documents like Fardbeyan, Formal F.I.R., inquest report etc. Learned Additional Sessions Judge, at the conclusion of trial, placing reliance on the evidences and documents available on record, held the appellant guilty for the offence of murder and inflicted sentence as indicated above.;