- (1.) THE sole appellant, Johan Murmu, has challenged the judgment of conviction and order of sentence dated 1.6.2002 and 3.6.2002 respectively passed by Sessions Judge, Dumka in Sessions Case No. 134 of 1999 whereby and whereunder he has been convicted under section 302 of the IPC and sentenced to undergo imprisonment for life.
(2.) THE case of prosecution, in short, as per the fardbeyan of P.W. 1 is, that on 15.5.1999 at about 6 p.m. there was some quarrel between the appellant, who is elder brother and the deceased Parmeshwar Murmu in the courtyard of the house and in course thereof, the appellant took out a tangi (axe) from his room and hurled repeated blows on Parmeshwar causing in -juries on his head, cheek and mouth due to which he fell down and became unconscious. The, informant P.W. 1, his wife raised alarm whereupon P.W. 4 -Mantu Marandi, P.W. 3 -Rameshwar Hembram, Abhilash Rana and other villagers assembled. On seeing the villagers, the appellant fled away with tangi. The villagers took the deceased to the hospital for treatment, but in course of treatment Parmeshwar died. On the basis of aforesaid fardbeyan, Jama P.S. Case No. 0038 of 1999 dated 16.5.1999 under Section 302 of the IPC was instituted and police took up investigation. After completing the investigation, police submitted charge sheet against the appellant under Section 302 of the IPC. The CJM, Dumka took cognizance of the offence and thereafter the case was committed to the court of sessions by Sri S.K. Srivastava, J.M. 1st Class, Dumka vide order dated 9.9.1999.
(3.) THE charge was framed and explained to the accused/appellant under Section 302 of the IPC to which he pleaded not guilty and claimed to be tried.;