- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 09.07.2004 and 13.07.2004 respectively passed by the Addl. Sessions Judge, Fast Track CourtII, West Singhbhum, Chaibasa in connection with Sessions Trial No.119 of 2003 corresponding to G.R. Case No. 43 of 2003 arising out of Sonua P.S. Case No. 10 of 2003 whereby sole appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.
(2.) The facts emerging from fardbeyan of Randai Sundi recorded on 08.03.2003 at 8.00 hours at LonjoSonua pitch road, southwest of village Udaypur district ­ West Singhbhum, is that on 07.03.2003 at about 9.00 p.m. she heard hulla that Master Sahab (Kedar Nath Sundi) has been killed. Thereafter, the informant along with villagers reached to LonjoSonua pitch road situated at a distance of half kilometer away from village Udaypur and found dead body of her husband Kedar Nath Sundi lying on the road having cut injury on his neck. The motorcycle belonging to the deceased was lying at the place. In the mean time, her son Janardhan Sundi accompanied by Balbhadra Nayak, Surya Narayan Singh and other people came from the side of village Udaypur. He informed that his step brother Yashpal Singh Sundi had been to the house of his father Kedar Nath Sundi at about 5.00 p.m. and requested for money but the request was turned down. At about 7.00 p.m. Janardhan Sundi with his father Kedar Nath Sundi and step brother Yashpal Singh Sundi proceeded from Sonua on a motorcycle being driven by Kedar Nath Sundi. When they reached on LonjoSonua road about half kilometer away from village Udaypur, Yashpal Singh Sundi requested to stop the motorcycle for urinating. The request made by Yashpal was acceded to and deceased Kedar Nath Sundi got down from the motorcycle. In the mean time, Yashpal Singh Sundi took out a Banki (Dabli, a sharp cutting weapon) from within the bush where it was concealed and inflicted blows on the neck of Kedar Nath Sundi. After receiving injury Kedar Nath Sundi fell down. Janardhan Sundi, due to fear, escaped from the place and went to village Udaypur and informed Balbhadra Nayak. Again Janardhan Sundi returned back to the place and disclosed the incident to his mother Randai Sundi (informant).
(3.) On the basis of fardbeyan of Randai Sundi, wife of deceased, Chakradharpur, Sonua P Case No.10 of 2003 dated 08.03.2003 under Section 302 of the Indian Penal Code against appellant Yashpal Singh Sundi was registered. The investigation was carried out, inquest report and seizure list were prepared, appellant was apprehended, statement of witnesses were recorded and after concluding the investigation, charge sheet against appellant Yashpal Singh Sundi was submitted. Charge under Section 302 of the Indian Penal Code against appellant Yashpal Singh Sundi was framed to which he pleaded not guilty and claimed to be tried. To substantiate the charge prosecution has examined altogether 12 witnesses and proved documents like inquest report, seizure list, post mortem report and fardbeyan etc. The learned Addl. Sessions Judge, placing reliance on the evidence and documents, held the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code and inflicted sentence, as indicated above.;