- (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) Appellant is aggrieved by the Judgment of conviction dated 20.5.1993 and Order of sentence dated 22.05.1993, (dates wrongly mentioned in the impugned Judgment as 20.6.1993 and 22.6.1993 respectively), passed by the learned 6th Additional Judicial Commissioner, Ranchi, in S.T. No. 19 of 1990, whereby, the sole appellant has found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, appellant has been sentenced to undergo R.I. for life for the said offence.
(3.) The FIR was lodged by the informant Etwari Mundain, who is the wife of the deceased Bagha Munda, on 08.3.1988 at Murhu Police Station, stating therein that on the previous day, i.e., on 07.03.1988 at about 7 PM, she and her husband Bagha Munda were returning home after working as labour and when they reached near their home, his neighbour Boda Munda waylaid them, abusing in filthy language, and he assaulted her husband by a piece of wood on his head, due to which, her husband fell down. When she tried to save her husband, she was also assaulted by the same piece of wood by the accused, whereupon, she fled away towards her house. Her son Sukhram was present nearby, who came to the place of occurrence upon hearing the noise and brought his injured father to the house, who died in the house at about 9 PM. It is stated in the FIR, that there was enmity between the parties due to a tamarind tree, due to which the offence had been committed by the accused. On the basis of the FIR, Murhu P.S. Case No. 05 of 88, corresponding to G.R. No. 79 of 88 was instituted for the offence under Section 302 of the Indian Penal Code, against the accused Boda Munda and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;