- (1.) Heard, Mr. K. S. Nanda, learned counsel appearing for the appellant and Mr. Satish Kumar Keshri, learned counsel appearing for the State.
(2.) The instant Criminal appeal has been preferred by the sole appellant, Ajit Kharia being aggrieved and dissatisfied by the Judgment of conviction and order of sentence, both dated 26.11.2012, passed by Sri Om Prakash Pandey, the learned Principal Sessions Judge, Gumla, in Sessions Trial No.179 of 2005 (arising out Basia P.S. Case No.15 of 2005 corresponding to G.R. No.249 of 2005), whereby the sole appellant, Ajit Kharia has been convicted for the offence punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life and fine of Rs.1,000/- and in default of payment of fine, to further undergo simple imprisonment for six months. 2. The instant criminal appeal was filed on 04.02.2013 and further under order dated 27.11.2013, the same was admitted and L.C.R. was called for, from the trial court.
(3.) The case of the prosecution, as unfolded in the 'fardbeyan' of informant, Nandi Kharia (P.W.6), recorded on 26.04.2005 at 7.45 a.m. by S.I., Ram Awadh Paswan, alleging therein that, on the preceding night i.e. 25.04.2005 at 4.00 p.m., the husband of the informant, Chemo Kharia, on the eve of 'Sarhul festival' went to visit mela at Moreng Pahan Toli along with other people of the village. It is further alleged, that Inda Kharia- P.W.5 (brother-in-law of the informant) had also visited the mela and in the evening at 8 p.m., Sawna Kharia- P.W.2 (co-villager) and his wife, Rajo Kharian (P.W.1) came and disclosed, that Chemo Kharia was surrounded by the appellant (Ajit Kharia) near Panchghanta Talab, in the field of Bhairaw Kharia and Ajit Kharia was carrying 'Dauli'. On hearing this, the informant along with brother-in-law, Inda Kharia and cousin brother-in-law, Birsa Kharia went to the place of occurrence, saw Ajit Kharia fleeing away towards the pond and one person was lying in the field of Bhairaw Kharia. Informant noticed that her husband received injury on the neck and blood was oozing out and found that her husband was dead. Motive behind the occurrence was land dispute between the parties. On the basis of the aforesaid 'fardbeyan' of Nandi Kharia, informant, the Police instituted First Information Report bearing Basia P.S. Case No. 15 of 2005 (dated 26.04.2005), corresponding to G.R. No.249 of 2005 under Section 302 of the Indian Penal Code against the accused/appellant (Ajit Kharia).;