- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 12th February, 2009 passed by learned 1st Additional Sessions Judge, Bermo at Tenught in connection with S.T. Case No. 360 of 2004, corresponding to G.R. No. 707 of 2004, arising out of Nawadih P.S. Case No. 104 of 2004, whereby the appellant has been held guilty for the offence punishable under Sec. 302 IPC and sentenced rigorous imprisonment for life, but no fine has been imposed considering detention of the petitioner in jail custody.
(2.) The facts appearing from the fist information report is that on 10th September, 2004, at about 10:00 p.m., the appellant -Bhunwa Ghasi armed with an axe came to the house of the informant and caused assault to her husband -Karu Ghansi on his head, while he was sleeping in front of his house. Karu Ghansi died at the spot after receiving injury. The appellant after causing injury to Karu Ghansi uttered that he had not given proper share in maize crop and that is why he has killed him. Thereafter, the appellant fled away. The informant raised alarm, which attracted nearby people, who assembled. On the next day i.e. on 11th September, 2011, the statement of informant -Gujari Devi was recorded and a case, being Tenughat, Nawadih P.S. Case No. 104 of 2004 dated 11th September, 2004, corresponding to G.R. No. 707 of 2004, under Sec. 302 IPC, against sole appellant, was registered.
(3.) The police after due investigation submitted charge sheet against the appellant under Sec. 302 IPC and, accordingly, cognizance was taken and the case was committed to the Court of Session and registered as S.T. Case No. 360 of 2004. Charge under Sec. 302 IPC was framed on 24th January, 2005 to which the appellant pleaded not guilty and claimed to be tried. To substantiate the charge, the prosecution has examined altogether nine witnesses and proved the documents like postmortem report, inquest report, seizure list etc. Learned Additional Sessions Judge, placing reliance on the evidence and documents, available on record, held the appellant guilty and inflicted sentence, as indicated above.;