- (1.) PRESENT criminal appeal is directed against the judgment of conviction under Sec. 302 of the Indian Penal Code, recorded by 2nd Additional Sessions Judge, Hazaribag in Sessions Trial No. 286 of 1998/88 of 1998, whereby and whereunder, the appellant Babulal Manjhi was sentenced to undergo imprisonment for his life.
(2.) PROSECUTION story, in brief, as it stands narrated in the Fardbayan of the informant Dasmi Devi (P.W. -2), was that on 3.4.1998 at about 6:30 a.m. the appellant Babulal Manjhi came to her (informant) quarter and searched her husband Lalu Oraon to which she replied that he was not there in the quarter. She further narrated that the appellant Babulal Manjhi returned back by extending threat that he would not spare him as her husband had taken away his wrist watch. On the same day, at about 8:00 a.m. her father Mahadeo Oraon (P.W. -5) came to her quarter and informed having been derived information from Bhagwat Turi (P.W. -4) that the appellant Babulal Manihi after apprehending his son -in -law Lalu Oraon(deceased) took him to his quarter all the way assaulting him. Upon such information, the informant Dasmi Devi with her mother Fulo Devi went to the quarter of the appellant Babulal Manjhi and found that the door was closed from outside. Yet, when she pushed the door, it was opened by the appellant Babulal Manjhi and then she spoiled that her husband was trembling with the bleeding injuries in his left leg. He (Lalu Oraon) narrated that he was assaulted brutally by the appellant Babulal Manjhi and that he would not survive and became unconscious. She along with her mother shifted weeping then the neighbouring people arrived at the scene and took her injured husband to T1SCO Hospital on ambulance where her husband was declared brought dead. The occurrence was narrated to her father and the near relatives on their arrival at the hospital where the police also arrived and recorded her Fardbayan. She explained that while her husband was being removed to the Hospital, the appellant Babulal Manjhi escaped after locking his quarter. On the basis of her statement Mandu (West Bokaro) P.S. Case No. 100 of 1998 was lodged against the appellant Babulal Manjhi for the offence under Sec. 302 of the Indian Penal Code and the Police after investigation, submitted charge -sheet against the appellant for the said offence. We have taken up the appeal on the prisoner's petition to the High Court against the judgment of conviction and order of sentence recorded against the appellant. He was put on trial by framing of charge under Sec. 302 of the Indian Penal Code. Statement of the appellant Babulal Manjhi was recorded under Sec. 31.3 of the Code of Criminal Procedure after evidence adduced on behalf of the prosecution to which he denied his guilt and declined to adduce defence evidence.
(3.) PROSECUTION had examined altogether ten witnesses. Besides, the proved post mortem report (Ext.l), signature of the informant Dasmi Devi on her Fardbayan (Ext.2), signature on the inquest report (Ext.2/1)/ signature of the witness on the Fsrdbayan (Ext.2/2), signature of another witness Ajay Oraon (P.W. -8) on the inquest report (Ext 2/4), entire Fatdbayan (Ext.3), Death Certificate (Ext.4) and formal F.I.R.(Ext. 5).;