H.C.Mishra, J. - (1.) Heard learned amicus curiae, appointed by the Court for the appellant and learned counsel for the State.
(2.) The appellant is aggrieved by the Judgment of conviction dated 15th February 2006 and Order of sentence dated 17th February 2006, passed by the learned Additional Sessions Judge, FTC-II, Saraikella, in S.T. No. 284 of 1998, whereby, out of the three co-accused persons, who were facing the trial, only the appellant has been convicted for the offence under Section 302 of the Indian Penal Code. The other two co-accused persons were acquitted of the charge. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and a fine of Rs.2,000/- for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Gulab Singh Munda, the son of the deceased Pogro Munda, recorded on 1.5.1998 at 2.00 AM in the night, in his village Barjudih, P.S. Karshawan, in the then District West Singhbhum. In the fardbeyan, it is stated by informant that on 30.4.1998 at about 9.00 PM in the night, he was returning back along with his father Pogro Munda, uncle Sura Munda, Parvati Mundain, Kairi Kui, from village Gangodih to his village Barjudih on foot. They were going in one line and the informant was the last person in the line and his father Pogro Munda was ahead of him. When they were in the midway of village Gongodih and Barjudih, suddenly the accused Kala Hembram, who is his co-villager, came with a big knife in his hand and assaulted his father twice by knife on his chest. His father died at the spot. Thereafter, they brought the dead body to their house. It is stated that the occurrence had taken place due to previous enmity because of land dispute between them, for which there was a case, in which the accused side was defeated. On the basis of the fardbeyan of the informant, Kharsawan P.S. Case No.19 of 1998, corresponding to G.R. No.268 of 1998 was instituted for the offence under Section 302 of the Indian Penal Code, against the named accused Kala Hembrom, and investigation was taken up. After investigation, the police submitted the charge-sheet against the appellant and two more persons, who were also facing the trial, and were acquitted after trial.;