- (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 05.01.2006 and 07.01.2006 respectively, passed by the 1st Additional Judicial Commissioner, Khunti, in connection with Session Trial Case No. 329 of 2003, corresponding to Karra P.S. Case No. 52 of 2002 G.R. Case No. 608 of 2002, whereby and where under the sole appellant namely, Jetha Munda having been found guilty of charges under Section 302 of Indian Penal Code, has been sentenced to undergo imprisonment for life.
(2.) The case of the prosecution, in brief, is that on 26.10.2002 at about 6.00 A.M. informant's son Kashi Nath Munda was ploughing the field of Pritam Kerketta on Batai and at the same time, the informant was working in his field adjacent south to that field. At about 7.00 A.M. Jetha Munda @ Bahra Munda, who was armed with Tangi, came there on the northern portion of the said field for grazing his male-calf (Kara) and asked the informant's son as to what was to be grown. The informant's son replied that he would grow Tomato crops. After that, when the informant's son proceeded ahead in course of ploughing work, the accused Jetha Munda inflicted two cut injuries by Tangi, from behind, on the backside of the neck of the deceased due to which the informant's son (deceased) fell down and succumbed to the injuries and, thereafter, the accused fled away towards the north. After having heard the noise, several villagers rushed to the place of occurrence, but by that time the accused Jetha Munda fled away with Tangi towards the forest, situated in the north-east side of the village and disappeared. The informant further stated that the accused Jetha Munda suspected that informant's son (deceased) was having illicit relationship with his wife and, as such, this occurrence took place. On the basis of the aforesaid Fardbeyan of the informant Balram Munda (P.W.5), Karra P.S. Case No. 52 of 2002, was registered for the offence under Section 302 of Indian Penal Code, against the accused Jetha Munda @ Bahra Munda. Subsequently, the matter was taken up for investigation and the police examined the witnesses and sent the dead body for Post Mortem Examination. After completion of investigation, charge sheet was submitted against the accused and, accordingly, cognizance of the offence was taken and the case was committed to Court of Sessions for trial.
(3.) In order to prove the charges against the accused, the prosecution has examined altogether six witnesses including the Doctor (PW-6) and the defence has examined one witness. The Trial Court after going through the materials on record and also considering the evidence of the prosecution witnesses has found the charges levelled against the accused to be proved and, thereafter, sentenced him as aforesaid.;