- (1.) THIS instant appeal has been filed against the impugned judgment of conviction and sentence passed on 1st February, 1995 by Sri A.P. Ram, the Additional Sessions Judge, Seraikella in Sessions Trial No. 540 of 1990, whereby the sole appellant has been found guilty for committing the offence under Sec. 302 of the Indian Penal Code and, thereby, he has been sentenced to undergo RI for life.
(2.) THE prosecution story, in brief, is that on 27.3.1990 at about 11.00 a.m. at Village -Bundy, Tola Rengadih, P.S. Seraikella, District -Singhbhum (West), the informant Charan Sardar (PW 8) and his brother Ratan @ Remo Sardar (deceased) were going to the field when their youngest brother accused Raghu Sardar, armed with farsa, arrived and told Ramo Sardar that he was doing rangdari. Remo Sardar replied to the accused that he steals and consumes cocks and hens which is being condemned. On such reply accused Raghu Sardar gave 'farsa' blow on the abdomen of Remo Sardar due to which intestine of Remo Sardar came out of the stomach. The people nearby witnessed the occurrence and chased accused Raghu Sardar. Accused threw the 'farsd on the ground and started fleeing away towards his house. Sukra Sardar (PW 5), Bagun Sardar (PW 3), Doman Sardar (PW 7) etc. came near Remo Sardar and some of them caught the accused after chase. Remo Sardar and Raghu Sardar were brought to home and by that time it was raining. After the rain stopped, the informant Charan Sardar (PW 8} produced Remo Sardar, accused Raghu Sardar and 'farsa' before the Officer -in -charge of Seraikella Police Station and submitted a written report (Ext. 1). In course of medical treatment Remo Sardar died at Jamshedpur hospital. After investigation charge -sheet was submitted and cognizance was taken under Sec. 302, IPC. In order to prove the charge against the appellant altogether eleven prosecution witnesses were examined on behalf of the prosecution in course of the trial. There is as many as nine material witnesses upon whom the prosecution relied mainly to prove the guilt of the appellant. PW 1 Gagan Sardar, did not claim to be the eyewitness to the actual assault, but he saw the appellant fleeing away from the place of occurrence being followed/chased by some villagers and ultimately caught and brought to the place of occurrence. He also saw the injured Remo Sardar at the place of occurrence. He had accompanied the informant along with injured Remo Sardar and assailant Raghu Sardar to the police station. At the police station he had written the complaint on the dictation of the informant Charan Sardar (proved Ext. 1). He had also seen a 'farsa' lying at the place of occurrence. In para 19 of his cross -examination he had stated that though Remo Sardar was injured but in sense and was talking slowly.
(3.) PW 2 Arjun Sardar is the sarpanch of Manik Bazar Gram Panchayat. He is a hearsay witness. He was informed by one Bagun Sardar (PW 3) about the occurrence and then only he came to the house of the informant, where he found Remo Sardar in an injured condition. He had also seen a 'farsa' near the injured and had also found the appellant who was tied. The injured was talking and on being asked by the sarpanch, he told that it was the appellant who had assaulted him with 'farsa' and injured him. But, however, in para 15 of his evidence (cross -examination) he had admitted that he had not seen/witnessed the occurrence of assault.;