- (1.) This appeal is directed against the judgment of conviction dated 11.10.2004 and the order of sentence dated 12.10.2004 passed by the then Additional Sessions Judge-cum-FTC-II, Gumla in S.T. No.314 of 2003 whereby and where under the court having found the appellant guilty for committing murder of Prem Bhagat and convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.
(2.) The case of the prosecution is that on 02.08.2003 at about 9 a.m. the informant’s son namely, Prem Bhagat (deceased) proceeded to go to Ranchi and went to the house of Etwa Bhagat @ Master of his village, whose house is situated nearby the house of informant. After 10 minutes, the informant heard loud noise, and then informant along with his other sons, Gandur Bhagat and Kripal Bhagat went to the house of Etwa Bhagat @ Master whereby they saw that Gandur Oraon was assaulting Prem Bhagat by means of Spade on his head, as a result he fell down. They also saw that, Gandur Oraon, after dropping the said spade there, was fleeing away. Thereafter the informant, his sons, along with the help of other villagers, chased and caught hold the appellant, Gandur Oraon. After they caught hold the present appellant and came back to the spot, they saw the deceased was lying dead and blood was oozing from the back side of the head of the deceased. Further case of the prosecution is that they came to know that Gandur Oraon had love affair with Indro Devi, the wife of Digamber Bhagat for the last two years and the appellant came to know about the relationship of the deceased with Indro Devi. When the appellant saw the deceased at his house, he assaulted the deceased by means of spade resulting in his death.
(3.) Thereafter the informant on 02.08.2003 gave his fardbeyan (Ext.5), upon which first information report (Ext.6) of Sisai (Bharno) P.S. case no.73 of 2003 was registered for the offence under Section 302 of the Indian Penal Code against the appellant. The Investigating Officer (P.W.12) took up the matter for investigation, during which, he held inquest of the dead body of the deceased and prepared inquest report. Thereupon the dead body was sent for post mortem examination which was conducted by Dr. A.D.N. Prasad (P.W.11).;