- (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 17th of February, 1993, passed by the learned Judicial Commissioner, Ranchi, holding Circuit Court at Lohardaga, in Sessions Trial No. 8 of 1992, whereby, the sole accused has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.
(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Rajendra Ram, who is the nephew of the deceased Ratan Ram, recorded on 15.10.1991, at about 9.00 P.M., in Village-Aine in the district of Lohardaga. According to the fardbeyan, the informant Rajendra Ram was informed at about 2.30 P.M, while he was in his agricultural field, by his grandmother Agji Devi, informing that Nawin Sahu had committed the murder of deceased Ratan Ram, assaulting him by sword. Upon getting the information, the informant along with Budhram Oraon and Bal Govind went to Village Singpur at the agricultural field of Loha Oraon, where he found the dead body of his uncle Ratan Ram with injuries. Upon enquiry, Loha Oraon informed him that while he was returning from his khalihan at about 1.30 P.M., he saw the accused Nawin Sahu, assaulting the deceased Ratan Ram by sword, due to which, he fell down. Even thereafter some assaults were made by sword, due to which, he died at the spot itself. As to the cause of occurrence, it is stated that some days prior to the occurrence, there was some altercation between the deceased and the accused, in which, the accused had threatened to kill his uncle. On the basis of the fardbeyan of the informant Rajendra Ram, Lohardaga P.S. Case No. 161 of 1991, corresponding to G.R. No. 411 of 1991, was instituted for the offence under Section 302 of the Indian Penal Code, against the accused Nawin Sahu, and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.;